On 19th May 2025, the Kerala High Court ruled that the appointment of Dr. K. Sivaprasad as temporary Vice Chancellor of APJ Abdul Kalam Technological University by former Governor Arif Mohammed Khan was not legally valid. The court emphasized that the process outlined in Section 13(7) of the APJ Abdul Kalam Technological University Act, 2015, was not followed during the appointment made in November 2024.
“The appointment is not sustainable in law due to non-adherence to the procedure,” stated Justice Gopinath P., while delivering the judgment.
As per the Act, the Chancellor (Governor) must appoint a temporary VC only based on the recommendation of the State Government. However, this crucial step was not followed.
"Procedure under Section 13(7) of the University Act must be followed."
— Justice Gopinath P.
The former Governor argued that he had the authority to make the appointment without government involvement, citing a past case related to Kannur University. The court clarified that the ruling in Dr. Premachandran Keezhoth v. Chancellor, Kannur University (2023) applied to a different law and could not justify the current appointment under the APJ Abdul Kalam Technological University Act.
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However, since the term of the appointment was only for six months and was set to expire by 27th May 2025, the Court decided not to interfere further.
"Frequent changes in VC post may affect the University's functioning and students’ interests."
— Kerala High Court Observation
Despite this, the Court directed the Government to take timely steps and submit names of qualified candidates, as per University Grants Commission (UGC) norms, for appointment to the VC post until a regular appointment is made.
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The Court reaffirmed its earlier position in State of Kerala v. Chancellor (2023), stating that the 2015 Act remains valid unless it directly contradicts UGC regulations. The court also rejected the argument that this precedent went against the Supreme Court’s decision in Dr. Sreejith v. Dr. Rajasree (2022).
According to the Court, while Dr. Sreejith established that UGC regulations override state law, it does not invalidate the Kerala High Court’s ruling in State of Kerala v. Chancellor (2023). Therefore, the state must ensure that anyone appointed—even temporarily—must meet the qualifications under UGC rules.
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Background of the Dispute
This issue began after the Supreme Court invalidated Dr. Rajasree M. S.'s appointment as VC. Following this, the State recommended Saji Gopinath for the temporary post. However, the Chancellor instead appointed Dr. Ciza Thomas, leading to legal challenges.
The Division Bench later allowed the State to recommend new names. Eventually, Saji Gopinath was appointed, but after his term ended, the Chancellor appointed Dr. Sivaprasad based on his discretion. This appointment was again challenged by the Government, leading to the present ruling.
The case was heard under WP(C) 42527 of 2024, titled State of Kerala v. The Chancellor and Others. The petitioners were represented by senior government advocates including Asok M. Cherian and V. Manu, while the respondents were represented by a team including S. Prasanth and George Poonthottam.
