LAWS(KER)-2023-2-225

STATE OF KERALA Vs. CHANCELLOR, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY

Decided On February 16, 2023
STATE OF KERALA Appellant
V/S
Chancellor, Apj Abdul Kalam Technological University Respondents

JUDGEMENT

(1.) This appeal is filed by the State Government.

(2.) The matter relates to an appointment to the post of Vice-Chancellor in terms of Sec. 13(7) of the A.P.J. Abdul Kalam Technological University Act, 2015 (for short, "the Act"). The incumbent Vice-Chancellor, viz., Dr.Rajasree M.S., consequent upon the upholding of a challenge by the apex court, vacated the office on 21/10/2022. Sec. 13(7) of the Act permits the appointment of a Vice-Chancellor for a period not exceeding six months in the aggregate till the regular Vice-Chancellor assumes office. The Chancellor, APJ Abdul Kalam Technological University (for short, "the University"), who is the Governor of the State, appointed Prof. (Dr.) Ciza Thomas (3rdrespondent) without there being a recommendation of the State Government as contemplated under Sec. 13(7) of the Act. Challenging her appointment as above for the interregnum, the State Government has come up before this Court with the writ petition for the reliefs of quo warranto, writ of certiorari, mandamus etc. The learned Single Judge, who heard the matter, refused to issue quo warranto. Other reliefs sought by the State Government were also not allowed. The learned Single Judge also issued certain directions, which we will advert to, at a later stage of the judgment. Aggrieved by the judgment of the learned Single Judge, the State has come up in appeal.

(3.) We have heard Sri.K.Gopalakrishna Kurup, the learned Advocate General of the State, assisted by Adv. Sri.V.Manu, learned Senior Government Pleader; Dr.S.Gopakumaran Nair, the learned senior counsel for respondents 1 and 2; Sri.George Poonthottam, learned senior counsel appearing for the 3rdrespondent; and Sri.R.Sakaranarayanan, learned Additional Solicitor General for the 4threspondent, assisted by Sri. S. Krishnamoorthy, learned Central Government Counsel.