In a recent ruling, the Kerala High Court held that the appointment of Dr. Ciza Thomas as the Vice Chancellor (VC) of the Kerala University of Digital Sciences, Innovation and Technology was not in line with legal procedures and is therefore unsustainable.
The judgment was delivered by Justice Gopinath P. in a petition filed by the State of Kerala. The Court pointed out that as per Section 11(10) of the Kerala University of Digital Sciences Act, 2021, a VC can only be appointed based on recommendations made by the State Government. In this case, that procedure was not followed.
“The appointment shall be made only on the basis of a recommendation from the Government,” the Court stated, highlighting the clear requirement under the law.
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The appointment of Dr. Thomas was made on November 27, 2024, by the then Chancellor and former Governor of Kerala, Arif Mohammad Khan, without a formal government recommendation. This was similar to a previous appointment issue in APJ Abdul Kalam Technological University, which the Court had also struck down for the same reason.
Despite declaring the appointment invalid, the Court chose not to immediately remove Dr. Thomas, acknowledging that her six-month term will end on May 27, 2025.
“This declaration will not have the effect of dislodging the third respondent from office, as her tenure is set to expire by 27-05-2025,” the judge clarified.
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The Court also directed the State to urgently recommend names of individuals qualified under the University Grants Commission (UGC) Regulations, 2018, to be appointed as a temporary VC. Further, steps must be taken to appoint a permanent VC in compliance with both the University Act and UGC guidelines.
“In case of any conflict between the Act and the UGC Regulations, the UGC Regulations will prevail,” the Court stressed.
The ruling emphasized the importance of adhering strictly to legal procedures in VC appointments and underlined the significance of the VC role as noted by the Supreme Court in earlier cases. The Court cited the need for transparency, accountability, and lawful governance in educational institutions.
“The post of Vice Chancellor is crucial, and must be filled following all due legal processes,” the judgment concluded.
The case titled State of Kerala v. The Chancellor and Others was registered as WP(C) No. 42637 of 2024.
Quote Highlights:
“UGC Regulations will govern the method of appointment… not the University Act where there is a conflict.”
“The appointment cannot be sustained as it lacks a government recommendation.”
“Steps must be taken without undue delay to fill the post of VC on a regular basis.”
