The Hindu Editorial Vocabulary– Nov 22, 2022; Day 374

Laws and rules: On LDF bringing a Bill to remove the Kerala Governor

Kerala must bring individual varsities (abbreviation of university) in line with UGC regulations 

The Left Democratic Front government in Kerala is bringing a Bill to remove the Governor, Arif Mohammed Khan, as the Chancellor of State-run universities after repeated run-ins (An angry dispute) with him. On Monday, Mr. Khan, signalling his intent to stall (Deliberately delay an event or action) any such legislation, asserted that the post of Chancellor was bestowed (Grant a qualification, title, right, possession, etc.) on the Governor by way of a ‘national consensus’, which State governments are powerless to challenge. It is likely that he would sit on the Bill, just as he has put aside the Kerala Lok Ayukta (Amendment) Act, 2022, and the University Laws (Amendment) Act, 2022. Mr. Khan chose to put on notice Vice-Chancellors (VC) of 11 of Kerala’s universities last month, shortly after the Supreme Court of India set aside (annul (a legal decision)) the appointment of the VC to the A.P.J. Abdul Kalam Technological University on the grounds that it had flouted (Treat with contemptuous disregard) University Grants Commission (UGC) Regulations that prescribed that the search committee, constituted in line with (in alignment or accordance with) UGC Regulations, recommends a panel of at least three candidates to the Chancellor. Last week, the Kerala High Court pulled the plug (prevent something from happening or continuing) on the appointment of the VC to the Kerala University of Fisheries and Ocean Studies, objecting to the composition of the search committee and its recommendation of a single name to the VC’s post. The contention that it was an ‘agricultural university’ where UGC norms would not apply failed to find traction (attracting power or influence) with the court. An appeal is in the apex court now.

These rulings point to the immediate need for Kerala to review the statutes governing individual universities in the State recognised under Section 12(B) of the UGC Act of 1956 and bring them in line with the UGC Regulations given that the Supreme Court has upheld their prevailing over the provisions of State University Acts. Legal questions on the preponderance (Superiority in power or influence) of the UGC norms in the administration of specific universities such as an agricultural university are something for the courts to settle. But recriminations (Mutual accusations) over these appointments have lowered the standards of public discourse (spoken or written communication between people, especially serious discussion of a particular subject). Read alongside his diatribes (Thunderous verbal attack) against an elected government and ad hominem (Appealing to personal considerations (rather than to fact or reason)) attacks on its Chief Minister, Mr. Khan’s intransigent (Impervious to pleas, persuasion, requests, reason) use of his constitutional authority to gun (Offer vigorous support to a person or cause) for VCs smacks of (to seem to contain or involve (something unpleasant)) political interests and does not pass the test of federal principles enshrined (to hold as sacred) in the Constitution. If anything, the public row and the spate (A sudden forceful flow) of litigation have marred (Destroy or injure severely) the functioning of universities as evident from the administrative impasse at the A.P.J. Abdul Kalam Technological University, where the appointment of a temporary VC by the Governor has been challenged in court. Meanwhile, fresh graduates are worried about getting their degree certificates. At stake is the interest of students seeking higher education.

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