The Supreme Court Wednesday said the Kerala Governor, in his capacity as the ex-officio Chancellor, can appoint temporary vice-chancellors to the APJ Abdul Kalam Technological University and Kerala University of Digital Sciences, Innovation and Technology, until a permanent V-C is appointed for them.
A bench of Justices J B Pardiwala and R Mahadevan said this while hearing an appeal by the Governor challenging a July 14, 2025, order of the Kerala High Court, which quashed his notification appointing temporary V-Cs in the two universities. The state had challenged the notifications.
The bench noted that the Kerala Government challenged the constitution of a search committee by the Governor for the selection of the V-C, and that the high court passed an interim stay order on it. “…all we can request today is for the state to work out some mechanism in harmony with the Chancellor for appointment of V-Cs in both universities.”
The bench also advised the two sides to keep the interests of the students in mind, and cooperate to settle the issue amicably and appoint regular V-Cs. “Don’t allow any politics to get into all this. More particularly when it comes to education…”, the bench said.
The SC said it expects the Chancellor to “extend cooperation and consider whatever falls from state government.” “Ultimately, it’s not a matter of who would exercise powers. It’s to do with the education of students. Why should students suffer in this type of litigation?”
“We impressed upon the Attorney General (R Venkataramani, who appeared for the Governor) that the first step now should be to initiate steps for the appointment of regular V-Cs in both universities. This may take some time. However, in the meanwhile, it is open for the Chancellor to issue a notification appointing a person, or allowing a person already appointed, to occupy the office of vice-chancellor,” said the bench.
Pushing for a final resolution of the issue, the bench said, “While keeping the matter pending, we request the Attorney General and senior counsel appearing for the state to work out the necessary mechanism for the appointment of a regular vice-chancellor at the earliest. It shall be open for the Chancellor to issue fresh notification for continuing with present V-Cs… till a regular V-C in both universities is appointed.”
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The Governor’s appeal contended that the Kerala High Court failed to note the law laid down by the SC that in the matter of appointment of the vice-chancellor, the Chancellor is not bound by the recommendation or advice of the council of ministers. The appeal also said that any interference with the discretion of the Chancellor in appointing a V-C will make such an appointment illegal.
