Kerala HC quashes Chancellor's decision to withdraw nominations of 15 member senate of Kerala University

While quashing the decision to withdraw nominations of 15 member senate of Kerala University, the Kerala High Court said the decision of Governor Arif Mohammed Khan as the Chancellor of Universities in the State was not based on any reason and “was rather founded on prejudice”. Read here for more details.

Kerala High Court has quashed the decision of Governor Arif Mohammed Khan, as the Chancellor of Universities in the State, to withdraw his nominated members from the Senate of Kerala University.

"The Chancellor’s order to withdraw nominations of the members was not based on any reason and “was rather founded on prejudice”, said the court.

The court said that a nominee under section 17 of the Kerala University Act was “not a mere mouthpiece or an agent” and his actions have to be in accordance with the law.

“The order of withdrawal of the nominated members (under section 17) is not for any alleged illegal act,” it added.

“Therefore, on the facts as noticed above, this court finds that the order withdrawing the nominated members suffers from the vice of arbitrariness,” Justice Sathish Ninan said.

“It was an unreasoned act, without regard to the facts and circumstances. All the above points to arbitrariness. It appears that the Chancellor was under a misconception regarding the role of nominee, which also contributed to the arbitrary action," said the court, as reported by The Print.

Moreover, the court has quashed a notification issued by the Chancellor constituting a Search-cum-Selection Committee, for selecting the Vice Chancellor of the varsity, and the panel’s Convener, saying it was not in accordance with the mandate of the Kerala University Act.

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