ASHOK B Vs. CHANCELLOR

JUDGEMENT

(1.) The controversy herein is whether the notification issued by the Chancellor, by which, the term of the first Vice - Chancellor of the Kerala Veterinary and Animal Sciences University was curtailed by invoking S.12(7) of the Act, is justifiable. The plea raised by the petitioner mainly is that he is entitled to continue for a period of five years. It is submitted that the pleasure doctrine under S.12(7) of the Act is subject to restrictions contained in sub-section (8) of the Act, and not absolute.

(2.) The necessary facts leading to the filing of the writ petition are the following: The petitioner is an officer of the Indian Administrative Service. The Kerala Veterinary and Animal Sciences University Act, 2010 (for short 'the Act') came into force on 14/06/2010. The petitioner who was on deputation to the Government of India, was considered for appointment as the first Vice - Chancellor of the University. The order leading to his repatriation and the notification concerning his appointment have been produced as Exts. P1 and P2. The petitioner has been continuing as such after assumption of office on 03/01/2011. According to the petitioner, he was performing his duties to the satisfaction of everybody and he was appointed as Vice - Chancellor after the Government was fully satisfied about his qualifications and the suitability to hold the post.

(3.) Ext. P3 is the order by which the Government decided to recall the petitioner from the post of the Vice - Chancellor of the University with the permission of the Governor of Kerala and consequently, the Government placed at the disposal of the Animal Husbandry Department the service of the fifth respondent who is the Additional Chief Secretary and the Agricultural Production Commissioner, for holding the charge of the Vice - Chancellor of the University. Ext. P4 is the notification issued by the Chancellor of the University, whereby in supersession of Ext. P2 notification by which the petitioner was appointed as First Vice - Chancellor, the fifth respondent has been authorised to exercise the powers of the Vice - Chancellor of the University till a new Vice - Chancellor is appointed under the provisions of the Act.