The Kerala HC on Monday declared that the Vice-Chancellors can continue in services. Until they removed as per the law by the Governor in his capacity as Chancellor of the universities. After getting their explanations in response to the showcase notice issued to them.
This declaration done after giving temporary relief. To the eight Vice-Chancellors of the Universities.
Justice Devan Ramachandran made the declaration. While disposing of the writ petitions filed. The Vice-Chancellors of the eight universities challenged the communication. Which issued by the Chancellor to them. About asking to resign from the post in view of the observation of the Supreme Court Judgment.
Special Sitting on Deepavali
The Court held a special sitting to hear the petitions. Although October 24 is a holiday on account of Deepavali.
The Court observed that the relevance of the communication of the Chancellor had lost by now. In view of the submission by the counsel for the Chancellor that they had been issued show cause notice.
The Court said that. It was unmistakable that since the Chancellor had given them the opportunity. To offer an explanation to the show cause notice against the proposed act. It was obvious that they were still in service and were eligible to continue. Until they removed it as per the law.
Submission of Jaju
Counsel for the Chancellor, Jaju Babu submitted that. The Chancellor had acted completely bona fide. And never intended to cause any consternation to any Vice-Chancellor. The Chancellor had offered them an honorable exit. So that the matter would end there and fresh action could be initiated. Under the mandate of the Supreme Court judgments.
As the Chancellor had found flaws in their appointments, he constrained to act. In fact, they had not tendered resignations. They had been issued a show-cause notice and asked to give their explanations within 10 days.
It could not give the imprimatur to the contention. That the Chancellor was giving only advice to the eight Vice-Chancellors. To save them from the ignominy of being removed. By asking them to resign. The Court said.
The Court also wondered how the Chancellor’s communication could have said that. The Vice-Chancellors would cease to be in office with effect from October 22. If the Chancellor was of the opinion that their appointments were void ab-initio.
The Court added that a proper inquiry and thought ought to have been invested. When the petitioners had specific cases to their factual scenarios.
Vice-Chancellors of all eight universities had challenged the Chancellor’s communication.
