The row between the Kerala government and governor Arif Mohammed Khan deepened on Wednesday, with state Higher Education Minister R Bindu declaring that the LDF government through an ordinance intends to replace the Governor with expert academicians as Chancellor of universities in the state. The decision to issue the ordinance was taken in a cabinet meeting, a source in the Chief Minister’s Office (CMO) said, PTI reported.
The state government’s move comes amidst the ongoing tussle between it and the Governor over functioning of universities, including appointment of Vice Chancellors, in the state. News18 explains the tussle:
VC Appointment Row
The row has been on for a while. In December last year, Khan had written a letter stating that he wants to step down as the Chancellor of universities after alleging that he is being pressured by the state government to make appointments violating procedures.
Kerala Governor Khan had then in August this year opposed the appointment of a CPIM leader’s wife as an Associate Professor in Kannur University’s Department of Malayalam. Priya Varghese, the wife of Chief Minister Pinarayi Vijayan’s private secretary KK Ragesh, was accused of not having the necessary qualifications for the job.
The development had ignited debate on nepotism in educational appointments in the state.
Then in October, Khan had asked the vice-chancellors (V-Cs) of nine state universities to resign, claiming that rules were flouted during their appointment.
When they refused to resign, Khan served them with show-cause notices, requiring them to respond by November 3 on their “legal right” to remain in office. The V-Cs then filed a petition with the Kerala High Court, where they were granted leave to continue in their positions until the governor issued a final order based on their responses to the notices. Khan then went on to serve notices to the vice chancellors of two more universities.
In his capacity as chancellor of state-run universities, the governor cited a Supreme Court ruling from last week that halted the appointment of the vice chancellor of Kerala’s APJ Abdul Kalam Technological University. This was due to the search committee’s failure to recommend a panel of at least three names, as required by the University Grants Commission (UGC). Then, eight other V-Cs were asked to resign.
Upholding the verdict of Hon'ble SupremeCourt dt 21.10.22 in Civil Appeal Nos.7634-7635 of 2022(@ SLP(c)Nos.21108-21109 of 2021) Hon'ble Governor Shri Arif Mohammed Khan has directed Vice Chancellors of 9 varsities in Kerala(see image) to tender resignation: PRO,KeralaRajBhavan pic.twitter.com/tsT5tQ9NJr— Kerala Governor (@KeralaGovernor) October 23, 2022
‘Political Interference’
Khan reportedly stated in his letter to the nine V-Cs that they were not eligible to continue in their positions because they were “either appointed from single-name panels or recommended by the search/ selection committee with non-academician as member,” thePrint reported.
According to his letter, the chief secretary was a member of the search committee in the majority of the nine cases, implying political interference in the appointments.
Kerala Govt Fumes
The governor’s actions irked Kerala’s Communist Party of India (Marxist)-led Left Democratic Front (LDF), with Chief Minister Pinarayi Vijayan even accusing Khan of “acting as a tool” of the Rashtriya Swayamsevak Sangh (RSS). The governor, for his part, has maintained that he is simply attempting to implement corrective action based on the Supreme Court’s ruling.
Now, Minister Bindu has said the Kerala government’s latest decision is for the improvement of the higher education and universities in the state.
On queries whether Governor Arif Mohammed Khan would sign the ordinance, the minister said she hopes that he would act according to his Constitutional duties.
University Laws (Amendment) Bill 2022
The Kerala Assembly passed the University Laws (Amendment) Bill 2022 earlier in September, which would limit the governor’s powers as chancellor of state universities. The opposition claimed that the government was attempting to place “puppets” of the ruling party in key positions at universities. The bill has not yet received approval from the Governor.
The government also passed the Kerala Lok Ayukta Amendment Bill, 2022, which limits the anti-corruption body’s powers. The amendment empowered the competent authority (the chief minister) to reject or accept the Lok Ayukta’s verdict. According to the current Act, the government is required to follow the anti-corruption body’s instructions. The amendment bill also gives the Legislative Assembly the authority to review an indictment report against the chief minister. If a Lokayukta report indicts a Cabinet minister, the bill gives the chief minister the authority to review the report, and in the case of legislators, the competent authority is the House Speaker. Aside from that, the bill exempts political leaders from the Act’s reach.
Responding to the bills, Governor Arif Mohammed Khan had stated that he will not allow a mechanism to be implemented that will allow under-qualified and unqualified relatives of those in power, as well as relatives of the chief minister’s personal staff or other ministers, to be appointed. They cannot be hired on the university payroll, he claimed.
And referring to the Kerala Lok Ayukta (Amendment) Bill, 2022, the governor stated that the basic jurisprudence principle does not allow a person to judge his own case. No one has the authority to rule on a case against him, he had said.
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