Setback For Kerala Governor: HC Sets Aside Chancellor's Order Dismissing Senate Members

Kochi (Kerala) [India]: The Kerala High Court on Friday set aside the order of Kerala governor Arif Mohammed Khan, who is the chancellor of Universities in Kerala, dismissing 15 members of the Senate of Kerala University.

The Governor had issued the dismissal order in October 2022. The single bench of Justice Satish Nainan accepted the argument of the petitioners that the action of the Governor was illegal.

The High Court rejected the Governor’s contention that the senators were waging a shadow war against him and were trying to work against him as the chancellor.

The Court had earlier clarified that the concept of ‘pleasure’ cannot be implemented in personal interest and can only be applied legally. The state government argued that even if the members were nominated by the Governor, they had independent decision-making powers.

In October last year, the governor expelled 15 senate members of Kerala University. The governor’s action was against those who stayed away from the Senate meeting. Out of 13 people nominated by the Governor, 2 people attended the Senate meeting. The remaining 11 people and 4 department heads who did not attend the meeting were dismissed. The expelled members approached the court demanding the cancellation of the Governor’s action.

Last year, the governor informed the then vice-chancellor, PV Mahadevan Pillai that as chancellor, he ‘withdrew the pleasure’ of allowing 15 members of the senate to continue in the committee.

Reacting to this, VC PV Mahadevan Pillai informed the governor that there are illegalities in his move and asked him to reconsider it. Following this, the governor himself issued an order of sacking the 15 senate members.