A Landmark Ruling on State Interference and Statutory Compliance
The Supreme Court of India, in a significant ruling, has quashed the re-appointment of Dr. Gopinath Raveendran as the Vice Chancellor of Kannur University, Kerala. This decision was based on the grounds of “unwarranted intervention of the State Government” and the observation that the Chancellor (Kerala Governor) “abdicated or surrendered” the statutory powers for re-appointing the Vice Chancellor.
Also read- Supreme Court To Frame Guidelines On Governors’ Bill Referral Powers (lawchakra.in)
The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, allowed the appeal challenging the February 2022 judgment of the Kerala High Court, which had approved Dr. Raveendran’s re-appointment. Justice Pardiwala, who pronounced the judgment, noted that the decision-making process was vitiated by the influence of extraneous considerations, stating,
“Although the notification for reappointment was issued by the Chancellor, yet the decision stood vitiated by the influence of extraneous consideration, or to put it in other words, by the unwarranted intervention of the State Government.”
The Supreme Court’s judgment addressed four key questions: the permissibility of re-appointment in a tenure post, the applicability of the upper age limit of 60 years as stipulated in Section 10(9) of the Kannur University Act, the necessity of following the same process as the appointment of a Vice Chancellor for re-appointment, and whether the Chancellor abdicated or surrendered the statutory power of reappointment. The Court concluded that re-appointment is permissible in a tenure post, the age limit of 60 years does not apply in the case of a re-appointment, and it is not necessary for re-appointment to follow the same process as a fresh appointment. However, the appeal was allowed on the fourth question, with the Court finding that the Chancellor had indeed surrendered the statutory power of reappointment.
The Court relied on a press release from the Kerala Raj Bhavan, which refuted reports that the Governor had suggested Dr. Raveendran’s name, clarifying that the process was initiated by the Chief Minister and the Higher Education Minister. The Court emphasized that only the statutory authority can exercise the power, and outside interference will vitiate the decision.
This ruling follows a similar decision by the Supreme Court in October 2022, where the re-appointment of the Vice Chancellor of Calcutta University was quashed on the grounds that the West Bengal State Government “usurped the powers of the Chancellor.”
The Supreme Court’s decision in the Kannur University case underscores the importance of adhering to statutory procedures and the autonomy of educational institutions, setting a precedent for future appointments and re-appointments in universities across India.