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Kerala Governor vs CM on Vice-Chancellor (V-C) Appointments

03 Sep 2025 GS 2 Polity

Context:

  • Kerala Governor and Chancellor of State universities, Rajendra Vishwanath Arlekar, moved the Supreme Court seeking exclusion of the Chief Minister’s role in the selection of V-Cs for A.P.J. Abdul Kalam Technological University and Digital University Kerala.

  • The case arises amid an ongoing tussle between the State government and the Governor regarding autonomy in higher education institutions.

Key Issues Raised

  1. Role of Chief Minister:

    • Governor contends that neither the A.P.J. Abdul Kalam Technological University Act nor the Kerala University of Digital Sciences Act envisages a role for the CM in V-C appointments.

    • Involving the CM would amount to a conflict of interest as the State is directly linked with affiliated and government-run colleges.

  2. UGC Regulations 2018:

    • Require search-cum-selection committees to consist of eminent persons in higher education not connected with the university.

    • Mandate inclusion of a UGC Chairperson’s nominee.

    • Provide that the Chancellor (Governor) chooses the V-C from among 3–5 recommended names (not a ranked list).

  3. Independence & Autonomy of Universities:

    • Governor argues that UGC guidelines and University Acts emphasize autonomy, limiting political or executive interference.

    • The Chancellor, even though also Governor, is not bound by Cabinet advice in such appointments.

Legal & Judicial Background

  • Supreme Court’s Order (Aug 18, 2025):

    • Appointed Justice Sudhanshu Dhulia (Retd.) as chairperson of search panels.

    • Allowed inclusion of State government nominees in the panels, leading to Governor’s objection.

  • Precedents:

    • Gambhirdan K. Gadhvi v. State of Gujarat (2022): SC struck down V-C appointments made without adherence to UGC norms.

    • Rameshwar Prasad v. Union of India (2006): Governor acts independently in specific constitutional/statutory functions, not always bound by State cabinet advice.

Federalism Dimension

  • Governor vs State Government:

    • Reflects wider tension in Indian federalism over the Governor’s dual role as constitutional head and statutory authority (Chancellor).

    • Raises debate on whether higher education appointments should rest with the elected government or be insulated under Governor/UGC control.

  • Centre-State Relations:

    • Since UGC is a central body, adherence to its regulations limits State autonomy in higher education.

    • States like Kerala argue this undermines federal spirit and cooperative governance in education (a Concurrent List subject).

Conflict Between State University Acts and UGC Regulations

Constitutional Position

  • Concurrent List (Entry 25, List III, 7th Schedule): Education is a subject where both Parliament and State legislatures can make laws.

  • Article 254(1): In case of repugnancy between a State law and a Parliamentary law (or rules under it), the latter prevails.

  • Application to Universities: UGC Regulations, 2018 (framed under UGC Act, 1956) hold primacy over conflicting provisions in State University Acts.

Central Universities – Governance Structure

  • President of India as Visitor: Under Central Universities Act, 2009.

  • Chancellor: Titular head; presides over convocations; appointed by President in his Visitor role.

  • Vice-Chancellor Appointment:

    • Visitor (President) appoints V-C from names recommended by search-cum-selection committee formed by Union government.

    • Visitor can demand fresh panels if dissatisfied.

  • Visitor’s Oversight:

    • Power to inspect academic and administrative functions.

    • Can institute inquiries into functioning of universities.

Role of Vice-Chancellor

  • Principal Academic & Executive Officer:

    • Acts as a bridge between executive and academic arms of the university.

    • Ensures smooth functioning, academic freedom, and institutional governance.

  • Institutional Functions:

    • Ex-officio Chairman of Court, Executive Council, Academic Council, Finance Committee, and Selection Committees.

    • Presides over convocations in absence of Chancellor.

    • Ensures compliance with University Act, Statutes, Ordinances, and UGC Regulations.

  • Leadership Traits Expected:

    • Academic excellence + administrative experience.

    • Integrity, vision, and adaptability to educational reforms.

Committees and Commissions on V-C’s Role

  • Radhakrishnan Commission (1948): V-C as custodian of academic standards.

  • Kothari Commission (1964–66): Emphasized leadership role in implementing educational reforms.

  • Gnanam Committee (1990): Urged professional selection process for V-Cs to ensure quality.

  • Ramlal Parikh Committee (1993): Stressed autonomy and insulation from political interference.




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