In a significant development for Governor Arif Mohammed Khan, the High Court has invalidated the nominations he made as Chancellor of Universities to the senate of the University of Kerala. The court has directed him to choose new nominees within six weeks.
However, the court has refrained from interfering with the nominations made by the state government to the same university’s senate.
Court’s Scrutiny
While nullifying Khan’s nominations, the court remarked that the Chancellor does not possess unchecked power when making nominations under statutory provisions. Justice Mohammed Nias C P stated that if a nomination contradicts statutory requirements or incorporates irrelevant factors, constitutional courts have the authority to intervene.
The court emphasized that arbitrary exercise of power violates not only the constitutional principles of equality and non-discrimination enshrined in Articles 14 and 16 of the Indian Constitution but also the notions of reasonableness, rationality, impartiality, fairness, and equity.
The ruling was delivered in response to separate petitions filed by four students of the university challenging Khan’s nominations in the categories of Fine Arts, Sports, Humanities, and Science. The petitioners alleged that Khan did not follow proper procedures and nominated individuals lacking merit compared to them.
Fresh Nominees Ordered
The court directed Khan to make fresh nominations, taking into account the petitioners’ claims and in accordance with the Kerala University Act, 1974, within six weeks from the date of the judgment.
In a third petition challenging the nominations made by the state government, the petitioner argued that the nominees lacked experience in higher education and had criminal records, rendering them ineligible. However, the court dismissed the petition, stating that the government representatives did not fall outside the realm of higher education and that the pending criminal cases did not disqualify them.
Political Implications
The High Court’s decision has been lauded by the ruling Left government and the CPI(M) in Kerala. State Law Minister P Rajeev emphasized that the Chancellor of Universities cannot wield unchecked authority. CPI(M) state secretary M V Govindan described the verdict as a setback for the Governor’s alleged political maneuvers, asserting that the court’s decision reaffirms the government’s stance on higher education and exposes alleged interventions by the Governor aligned with the Sangh Parivar.
