KOCHI: The Kerala High Court on Friday quashed an order issued by the Chancellor of APJ Abdul Kalam Technological University (APJAKTU) suspending the orders of the university’s syndicate and board of governors to constitute a standing committee to ‘give administrative support’ to the vice chancellor. Governor Arif Mohammed Khan is the Chancellor of the university.
After considering a petition (WP-C No. 7958/23) filed by Kattakkada MLA IB Sathish, who is a syndicate member of the university, justice Sathish quashed the Chancellor’s order as it was issued without giving a show-cause notice. The court said the Chancellor proceed afresh by issuing a show-cause notice, as specified in section 10(3) of the university statute (APJAKTU Act, 2015).
The Syndicate’s resolution resolving to constitute a ‘Syndicate Standing Committee on University Administrative Affairs’ was passed on January 11th. The resolution said it was intended to “give administrative support to the Vice Chancellor and Registrar.” The resolution of the Board of Governors was on 17th and it deferred the implementation of transfer orders of certain employees. Through an order issued on February 27th, the Chancellor suspended the two resolutions.
In the order, the court said section 10(3) empowers the Chancellor to suspend or modify any resolution of any authority that is not in conformity with law or is against the interest of the university. But a proviso in the section mandates that the Chancellor should issue a show-cause notice to the authority, the court pointed out.
Though the Chancellor’s counsel argued that the resolutions suspended were grossly illegal and warranted immediate action and that even a post-decisional show-cause notice would be sufficient.
However, the court disagreed and said the proviso stipulate in unambiguous terms that an opportunity to show cause should be given before issuing an order.
After considering a petition (WP-C No. 7958/23) filed by Kattakkada MLA IB Sathish, who is a syndicate member of the university, justice Sathish quashed the Chancellor’s order as it was issued without giving a show-cause notice. The court said the Chancellor proceed afresh by issuing a show-cause notice, as specified in section 10(3) of the university statute (APJAKTU Act, 2015).
The Syndicate’s resolution resolving to constitute a ‘Syndicate Standing Committee on University Administrative Affairs’ was passed on January 11th. The resolution said it was intended to “give administrative support to the Vice Chancellor and Registrar.” The resolution of the Board of Governors was on 17th and it deferred the implementation of transfer orders of certain employees. Through an order issued on February 27th, the Chancellor suspended the two resolutions.
In the order, the court said section 10(3) empowers the Chancellor to suspend or modify any resolution of any authority that is not in conformity with law or is against the interest of the university. But a proviso in the section mandates that the Chancellor should issue a show-cause notice to the authority, the court pointed out.
Though the Chancellor’s counsel argued that the resolutions suspended were grossly illegal and warranted immediate action and that even a post-decisional show-cause notice would be sufficient.
However, the court disagreed and said the proviso stipulate in unambiguous terms that an opportunity to show cause should be given before issuing an order.
