Don’t Allow Politics To Get Into This: Supreme Court While Permitting Kerala Governor To Appoint Temporary VCs To Universities
|The Court said the Chancellor must cooperate with the State, emphasising that the issue concerns students' education and not who exercises power, and added that students should not suffer due to such litigation.
The Supreme Court today permitted the Kerala Governor (Chancellor) to appoint temporary Vice-Chancellors (VCs) to two Universities in the state, pending permanent appointment.
The Apex Court also urged the Kerala Governor, in his capacity as Chancellor of APJ Abdul Kalam Technological University and Kerala University of Digital Sciences, Inovation and Technology, and the State of Kerala to cooperate in resolving the ongoing dispute over the appointment of Vice Chancellors, emphasising the need to safeguard the interests of students.
A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan remarked, “Don’t allow any politics to get into all this. More particularly when it comes to education of the country. We will be the last person to tolerate.”
Appearing for the Chancellor, Attorney General R. Venkatramani, said he was in agreement with the interpretation taken by the High Court but urged the Court to suggest a path forward. Senior Advocate Jaideep Gupta appeared for the State of Kerala. Senior Advocate P Sreekumar also appeared for the Chancellor.
The Bench noted that both the Technological University Act and the Digital University Act prescribed a maximum tenure of six months for temporary Vice Chancellor appointments under Section 13(7) and Section 11(10), respectively. It observed that despite the expiration of this statutory period on May 27, 2025, the two Vice Chancellors appointed by the Governor continued to function, creating legal uncertainty.
The Bench appreciated the Kerala High Court’s approach in recognizing that the matter should not lead to an administrative stalemate and stressed that both the Governor and State must now collaborate.
“We expect the Chancellor also to extend his cooperation and consider whatever falls from the State Government. Ultimately, it's not a matter as to who would exercise the powers. It's something to do with the education of the students of this country. Both the universities are important. Why should the students suffer in this type of litigations?” the Court recorded.
During the hearing, Justice Pardiwala urged both sides to resolve the dispute amicably, observing that the focus must remain on appointing the right person and ensuring that students do not suffer due to prolonged litigation, stating, “Please, for students’ sake, resolve this controversy. All that is important is appoint the right person.”
The Court directed that while the matter would remain pending, the Chancellor may issue two fresh notifications under Section 13(7) and Section 11(10) to continue with the current Vice Chancellors, strictly within the permissible six-month period, until regular appointments are made. It was further noted that the process for regular appointments had begun, but progress was impeded by an interim order passed by the High Court in a separate challenge to the constitution of the Search Committee.
Justice Pardiwala emphasised, “Mr Gupta, you need to play a very crucial role. Is there a problem between the Attorney and you? You can sort it out.”
The Attorney General informed the Bench that he had personally discussed the matter with the Chancellor before the petition was filed, and added, “We thought we should resolve it only by bringing the petition here.”
The Court requested both sides to work out a solution before the next hearing. “On the next day, you all should make some statement on the basis of which we can put an end to this petition,” Justice Pardiwala said.
The matter has been listed for further hearing on August 13, 2025.
Background
The petition filed by the Kerala Governor challenges the Kerala High Court's judgment dated July 14, 2025, which upheld the State’s reliance on Section 13(7) of the APJ Abdul Kalam Technological University Act, 2015, to make temporary appointments despite the six-month statutory cap and alleged non-compliance with University Grants Commission (UGC) Regulations.
The petition asserts that the Governor, as Chancellor, cannot be compelled by the State Government to appoint Vice Chancellors in violation of binding UGC norms. It argues that the appointments made under Section 13(7) are only permissible for six months and that the High Court erred in permitting continued tenure under the “until further orders” phrasing.
It states, “The UGC Regulations do not provide for a concept of temporary Vice Chancellors… The person to be appointed should be of quality and standard as provided in the UGC Regulations.”
The petition also asserts that none of the State Government’s recommended candidates met the academic eligibility criteria under the 2018 UGC Regulations, and that Section 13(7) cannot be invoked repeatedly to bypass central standards.
Cause Title: The Chancellor, APJ Abdul Kalam Technological University v. State of Kerala & Ors. (Diary No. 40761/2025)