SIVAPRASAD A. Vs. STATE OF KERALA

JUDGEMENT

(1.) It has been nearly three years since the University of Kerala, a prestigious institution in the State, has been without a regular Vice-Chancellor due to differences between stakeholders. Now, this Petition, another in the series of litigation, seeks to question the temporary arrangement made by the Chancellor pending regular appointment.

(2.) The Governor of Kerala, being the ex officio Chancellor of the University of Kerala under the Kerala University Act, 1974 read with the University Grants Commission Regulations, 2018, is empowered to appoint a Vice-Chancellor to the University of Kerala. After the term of the previous Vice-Chancellor ended, the Chancellor initiated the process for regular appointment by constituting a Search-cum-Selection Committee. Pending finalisation of the appointment, the Chancellor directed Respondent No.4, who is presently the Vice-Chancellor of the Kerala University of Health Sciences, to also discharge the duties of Vice-Chancellor of the University of Kerala. Challenging this arrangement, the Petitioners, members of the Senate of the University of Kerala, have filed the present writ petition seeking a writ of quo warranto against Respondent No.4, requiring him to show the authority under which he is holding the said office, and a writ of mandamus restraining him from exercising the powers of Vice-Chancellor of the University of Kerala.

(3.) We have heard Mr. Elvin Peter P.J., the learned Senior Advocate assisted by Mr. K. R. Ganesh, learned counsel for the Petitioners, Mr. N. Manoj Kumar, the learned State Attorney for the Respondent ' State, Mr. P. Sreekumar, the learned Senior Advocate appearing for Respondent No.2-the Chancellor, Mr. Thomas Abraham, the learned standing counsel for Respondent No.3 ' University of Kerala, and Mr. Binny Thomas and Ms. Girija K. Gopal, the learned counsel for Respondent No.4.