Kerala governor Arif Mohammad Khan last week urged the vice chancellors of several universities in the state to quit their offices, sparking a political storm. The governor, who is the chancellor of the universities, made his decision based on a Supreme Court ruling quashing the appointment of the VC of APJ Abdul Kalam Technological University on the ground that it was in violation of UGC norms.
Amidst growing criticism of his decision by the state government and the VCs not tendering their resignations by 11.30 am on Monday as suggested, the governor issued show-cause notices to them, seeking their responses by November 3.
“They have every right to say whatever they want but what I’m doing, I have made it clear that honourable Supreme Court in its judgement has clearly laid down the law, if the selection committee does not reach the requirement of the UGC regulation and an appointment is made based on their recommendation, the words that the honourable Supreme Court has used are, it will be considered void ab initio," he told CNN-News18 in an exclusive interview. “From day one they are illegal occupants of the office. The second ground that they have given is the UGC regulation requirement is to make a panel of 3-5 names. If a single name has been forwarded to the chancellor and an appointment is made of that person, that will also be considered void ab initio. So the only thing that I am doing is to apply the law as laid down by the honourable Supreme Court in the case of the technical university to all the universities."
After the Supreme Court judgement, there is no escape route, said the governor. “So they are ready to say whatever they feel like because they have been using the universities for a long time for their own political aid. A recent example where an underqualified person, a relative of the political secretary of the chief minister, was going to be appointed, in fact, the vice chancellor had addressed that tomorrow we will issue the appointment order, so I stayed that. Not only I stayed that, because my order had not reached the university by that time, but the honourable court also stayed that order, that appointment. Why have they distorted the law? Why have they resorted to this practice?" he said.
The governor said he had tried to give the vice chancellors an honourable exit. “Every paper has carried this news that the LDF has directed the vice chancellors not to heed my letter. So they did not resign and I told them that I will wait until 11.30 and after that, I will take whatever legal steps are needed in order to uphold the judgement of the Supreme Court. After 11.30, show-cause notices have been issued and the matter came before the High Court, and the HC has clearly said that the power rests with the chancellor," said Khan.
He also clarified that he has not sacked any vice chancellor. “I have suggested to them that in the light of the decision of the Supreme Court, it is best if they resign. I have not sacked any vice chancellor. I have not found fault with any one of them. I have only said to uphold the Supreme Court’s judgement and apply that law. The judgement by the Supreme Court becomes the law of the land," he added.
The governor also said that he did not wish to respond to the criticism coming his way from the state’s Left Democratic Front (LDF) government. “What they are saying I need not comment on. They are saying this since November 2019, I came into office in September. They have been continuously saying this because they found very early on that they can’t use me as a rubber stamp to authorise all the illegal activities that they are committing. They are very upset with me because I stayed the appointment of the partner of the political secretary of the CM. So they are very upset with me. Let them take out their frustration. Why should I comment on that?" he told CNN-News18.
Khan said he is only insisting that the law is followed. “There are many instances where they should feel upset with me. For instance, they wanted to give in cooperative societies…to the government officers who are admitted as administrators. I said it would be like butchering democracy, so I refused to sign that. They wanted to deprive the Lokayukta of the powers which it has been enjoying for the past two decades. I refused to sign that. Then they wanted to change the process of appointment of vice chancellors, they wanted to have three representatives. The bill has been passed by the assembly…three government representatives and in that they have provided that the panel will be decided by the majority because I was insisting you will not sign one name, you will sign the panel. So the way out that they found is the number of persons who will sit on the committee and they will decide based on the majority in the panel. That is totally in conflict with UGC regulations. Therefore, I refused to sign them. Their idea is that whatever they say, the governor should sign it. My idea of this office is that I have taken an oath to protect, reason and defend the Constitution. The second part of my oath is that I will serve the people of their interest, the people of Kerala to the best of my ability," said the governor.
The youth of Kerala have to go to other states and countries to find jobs and livelihood while political workers are being paid life-long pensions just after service of two years, he alleged.
Responding to talks about possible legislation to remove the governor as the chancellor in Kerala like Tamil Nadu, Rajasthan, and West Bengal have tried, Khan said the state government is welcome to do it. “I have offered to them 6-7 months back that I am not going to sign all these proposals which are irregular to me and illegal, therefore you become the chancellor, you bring an ordinance, I will sign it, I have no problem. They will never bring it. They wrote me four letters. Even the other states you are talking about haven’t implemented it. Why? Because the academic world will not accept executive interference in the universities; they will never accept. They depend heavily on the UGC and UGC will never accept that. Not only my removal but any governor. They will not accept interference from the executive of the government in the affairs of the university. The autonomy of academic institutions is a principle which is universally accepted, acknowledged, and upheld. So these are only hollow threats. But I have offered to them continuously for a month every file regarding the university or about the university which came to my office. I kept directing them to the chief minister’s office. Then why did he not accept it if they want to bring some law? And if they want to bring some law, they are welcome by all means," he said.
The state government is planning to move a review petition against the Supreme Court order revoking the APJ Abdul Kalam Technological University vice chancellor’s appointment while the LDF on November 15 plans to hold a rally in front of the Raj Bhavan against the governor’s move.
“That is the right of any citizen of India and more so of the government if they want to move a review petition," said the governor. “But to target the governor and threaten him that we will not let you move, we will hold a demonstration by a hundred thousand people to crowd the Raj Bhavan, and the chief minister has said the governor should be ready to face the consequences, if they are holding out threats…And I love to fight people who give these threats. I have gone through much worse in 1986. My house was attacked. I was attacked five times. I don’t care what they are going to do. I shall not allow the interference of the government in the universities."
Questions have been raised about the legal standing of the governor’s move. “Do not forget that I myself am a lawyer and I have many friends who are senior lawyers in the Supreme Court," Khan said. “Never expect from me that I will take any kind of action without reflecting on it for a considerable time. I have the advantage that many of my friends are senior lawyers in the Supreme Court. During the time when I practised in the courts…they are very competent and are engaged by topmost names in the legal world, they are my friends for almost 30-40 years. I must tell you, I have consulted almost everyone. Some of them were of the view that when a judgement is given under quo warranto, there is no need for a show-cause notice, but still, I went by the opinion of these friends who said in order to be more careful you issue a show-cause notice and ask them to show why the law laid down by the Supreme Court does not apply to them. I have given them notices. Suppose they come with cogent reasons which I have so far not been able to take into cognisance, I will listen to them. But as far as the facts appear, each one of them has been appointed either through a selection committee only a chief secretary of government was a part of, which according to the Supreme Court renders the appointment void ab initio, or a single name was sent to the chancellor. He had no option to exercise his discretion, which also the Supreme Court has said renders the appointment void ab initio."
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