High Court Cancels Governor’s Nominations to University Senate, Orders Fresh Selection

GG News Bureau
Kochi, 22nd May. The High Court on Tuesday nullified the nominations made by Governor Arif Mohammed Khan as Chancellor of Universities to the senate of the University of Kerala. The court directed the Governor to select fresh nominees within six weeks, emphasizing that the Chancellor’s power is not unrestricted while making nominations.

Justice Mohammed Nias CP, delivering the verdict, stated that nominations must adhere to statutory provisions and not be influenced by irrelevant factors. The court highlighted that arbitrary use of power violates constitutional principles of equality and discrimination, emphasizing the need for reasonableness, rationality, impartiality, fairness, and equity in exercising discretionary powers.

The ruling came in response to pleas filed by university students challenging the nominations in various categories such as Fine Arts, Sports, Humanities, and Science. The petitioners alleged that the Chancellor overlooked merit-based procedures and nominated individuals lacking compared to them.

The court ordered the Governor to reconsider the claims of the petitioners and make fresh nominations in accordance with the Kerala University Act, 1974. Additionally, it dismissed a petition challenging the nominations by the state government, stating that the nominees were connected to the field of higher education and pending criminal cases against them did not disqualify them.

The decision was hailed by the ruling Left government and the CPI(M), with State Law Minister P Rajeev stressing that the Chancellor cannot act as a sovereign republic. CPI(M) State Secretary MV Govindan described the verdict as a setback for the Governor’s alleged political maneuvers and criticized the nomination of Sangh Parivar members. He asserted that the ruling affirmed the government’s stance on higher education and exposed alleged interference by the Sangh Parivar and opposition parties.

The court’s ruling is expected to have broader implications, affecting nominations in other universities and addressing concerns over alleged political interference in educational institutions.