Appointment of K Sivaprasad as temporary vice-chancellor of technological university is not sustainable in law: Kerala high court

Kochi/Thrissur: High court has held that the appointment of K Sivaprasad as the temporary vice-chancellor (VC) of APJ Abdul Kalam Technological University (KTU) by the chancellor is not sustainable in law, as it was made without the recommendation of the state govt, contrary to the provisions of the University Act.The judgment, delivered by Justice P Gopinath, came while considering a petition by the state govt challenging the notification issued by the then chancellor, Arif Muhamed Khan, in Nov 2024. HC observed that sub-section (7) of Section 13 of the APJ Abdul Kalam Technological University Act, 2015, mandates that the power to appoint a temporary VC must be exercised only on the recommendation of the state govt.The state had contended that Sivaprasad, a professor at Cochin University, was appointed in violation of this requirement. Agreeing with the state's argument, HC held that the impugned notification was legally unsustainable. However, noting that the statutory tenure for a temporary VC is limited to six months, and that Sivaprasad's term is set to expire on May 27, HC declined to interfere with the notification at this stage.The court directed the state govt to recommend to the chancellor the names of individuals who possess the qualifications prescribed under the University Grants Commission (UGC) regulations, for appointment as temporary VC pending the selection of a regular appointee. It further clarified that the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges, 2018, would govern such appointments.Meanwhile, higher education minister R Bindu welcomed the HC order. She said that the former chancellor had repeatedly violated the rules in the Act, despite the court directives to follow the rule. Chancellor is expected to abide by the laws which he himself cleared as Governor. Such a situation where the courts have to remind him of this important convention, is something that must be avoided, Bindu added.