States High court

High Court Invalidates Governor Arif Khan’s Nominations for Kerala University Senate

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.

Read More: Supreme Court, Delhi High Court, States High Court, Other Courts, International
Nunnem Gangte

Recent Posts

Supreme Court Says “Marriage Is Relationship Built On Mutual Trust, Companionship”

The Supreme Court has upheld a decision by the Madras High Court granting a divorce…

2 days ago

Delhi HC Grants Anticipatory Bail To Lawyer In Brother’s Criminal Case

The Delhi High Court has granted transit anticipatory bail to a lawyer whose brother is…

2 days ago

Justice Madan B Lokur Appointed As Chairperson of UN Internal Justice Council

Former Supreme Court Justice Madan B Lokur has been recently named the chairperson of the…

2 days ago

Karnataka High Court Directs NLSIU To Implement 0.5% Reservation For Transgender Persons

The Karnataka High Court has recently directed the National Law School of India University (NLSIU)…

2 days ago

Allahabad HC Directs UP Vigilance To Investigate Himalayan Cooperative Housing Land Issue

The Allahabad High Court has directed the Uttar Pradesh Vigilance Department to investigate the Himalayan…

2 days ago

Allahabad HC Grants Stay On Mohammed Zubair’s Arrest In Religious Enmity Case

The Allahabad High Court on Friday issued an order staying the arrest of Mohammed Zubair,…

2 days ago