Kerala Governor Rajendra Arlekar on Sunday said the authority to appoint university vice-chancellors vests with the chancellors and courts do not have such an authority.
Speaking at the function organised to honour former Chief Justice of India and former Governor of Kerala V Sathasivam here on Sunday, Governor Arlekar asserted that the authority to appoint Vice-Chancellors rests with the Chancellor, as clearly laid down in the UGC regulations and the Supreme Court’s own judgment in the Kannur University Vice-Chancellor case. However, the court is currently ignoring these legal provisions, he said.
“Yato Dharma Stato Jayah’ is what the court should be. It is not right for the court to take over the duties of others,” he said.
“Courts should not assume the responsibilities of others. Their role is to ensure that the law is followed, not to say, ‘We will do your job for you,” the Governor said, adding that the judiciary must respect the defined responsibilities of each constitutional authority.
He further warned that such an approach could extend to other institutions, including the Election Commission in the future. The Governor also stated that courts do not have the authority to amend the Constitution and that such instances have occurred recently. He emphasised that legislative bodies must be respected.
Questioning the judiciary’s approach, the Governor asked how courts could take differing positions on the same issue and why the court was appointing search committees, when that power, he maintained, lies with the Chancellor.
“The UGC regulations and the Kannur Vice Chancellor case judgment issued earlier by the Supreme Court itself clearly stated that the Chancellor has the power to appoint VCs. Instead of this, the court is encroaching on this power. It is not right for the Supreme Court itself to appoint the Vice Chancellors through a search committee,” he said, and asked, “Will the Supreme Court behave like this towards constitutional institutions tomorrow? Will it do the same to the Election Commission?”
Governor Arlekar made the remarks against the apex court in the backdrop of the Supreme Court’s recent direct intervention in the matter of appointment of Vice Chancellors in two state-run universities in Kerala.
Unable to defuse the deadlock between Kerala Governor Rajendra Arlekar and the Kerala government over Vice-Chancellor appointments to two state-run universities, the Supreme Court on December 11 asked a committee headed by Justice (retired) Sudhanshu Dhulia to suggest a list of names for the post of regular vice chancellors in the APJ Abdul Kalam Technological University, and the University of Digital Sciences Innovation and Technology.