Today, On 18th December, Supreme Court urged continued cooperation between the Kerala Governor and the State Government while concluding the Vice-Chancellor appointment row, as Justice JB Pardiwala expressed hope that dialogue would prevail, perhaps over a cup of coffee, in public interest.
The Supreme Court continued hearing the issue relating to the appointment of regular Vice-Chancellors in APJ Abdul Kalam Technological University and the University of Digital Sciences, Innovation & Technology in Kerala.
The matter was heard by a Bench comprising Justice J B Pardiwala and Justice K V Viswanathan.
The case arose against the backdrop of a prolonged deadlock between the Kerala Governor and the State Government, due to which both universities remained without permanent Vice-Chancellors for a long period.
Earlier, the Supreme Court had intervened and appointed Justice (Retd.) Sudhanshu Dhulia to recommend names for the Vice-Chancellor posts in order to resolve the impasse and ensure smooth functioning of the universities.
During the hearing, the Attorney General appearing for the Governor informed the Court that the issue had now been resolved and that this development was duly communicated to Justice Dhulia.
Senior Advocate Jaideep Gupta, appearing for the State of Kerala, raised an objection and submitted that the appointment order should not have been issued when the matter was still pending before the Court. He further stated that an affidavit had already been filed in this regard and required a response.
Justice Pardiwala responded by clarifying the Court’s position, stating,
“Our primary concern was that appointments must be made. Let us bring this to a close merit must prevail.”
Justice Pardiwala further observed that the Court’s earlier directions had led to constructive outcomes and highlighted the importance of judicial intervention in resolving governance deadlocks.
He stated,
“After our earlier directions, there have been positive developments. This case demonstrates how timely and decisive judicial intervention can go a long way in protecting citizens rights. Two major universities were without permanent Vice-Chancellors only because consensus between the Governor and the State was elusive. The Court had entrusted Justice Dhulia with recommending at least three names for each university. Today, we are pleased that both the Chancellor and the State Government have jointly informed us that the appointments have been made.”
Acknowledging the assistance received, Justice Pardiwala placed his appreciation on record and said,
“We place on record our appreciation for Justice Dhulia’s role. Our endeavour was always to safeguard the interests of all stakeholders. We also appreciate the authorities, the learned Attorney General, Senior Counsel Jaideep Gupta, and all those who assisted the Court in ensuring a smooth and satisfactory resolution. This long standing issue has been gracefully concluded.”
The Bench clarified that while the immediate dispute stood resolved, the legal questions involved were not finally decided.
Justice Pardiwala stated,
“Questions of law are kept open.”
Emphasising the importance of leadership in academic institutions, Justice Pardiwala observed,
“A university cannot function without a Vice-Chancellor the role is central to its governance.”
The Attorney General added that the breakthrough was achieved after direct communication between the constitutional authorities, stating,
“The Governor personally spoke to the Chief Minister, which helped finalise the matter.”
Concluding on a conciliatory note, Justice Pardiwala expressed hope for continued cooperation between the Governor and the State Government and remarked,
“I hope this spirit of dialogue continues perhaps over a cup of coffee in the larger public interest.”
The Supreme Court’s intervention thus brought an end to a long-standing institutional deadlock, ensuring that two major universities in Kerala now have regular Vice-Chancellors, while keeping the broader constitutional questions open for future consideration.
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