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Supreme Court to Appoint Vice-Chancellors in Kerala if CM and Governor Fail to Agree

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Supreme Court Steps In: It Will Appoint Vice‑Chancellors if Kerala’s CM and Governor Fail to Agree

In a move that could reshape the governance of higher education in Kerala, the Supreme Court (SC) has declared that it will step in to appoint Vice‑Chancellors (VCs) for the state’s public universities should the Chief Minister (CM) and the Governor fail to reach a consensus on nominees. The directive comes amid an escalating standoff that has left several Kerala universities without functional leadership and has sparked legal and political controversy.


The Back‑Ground of the Kerala Universities Stalemate

Kerala’s higher‑education landscape has long been governed by a system that balances the powers of the state government, the Governor, and the University Grants Commission (UGC). Under the Kerala State Universities Act, 1985, the appointment of a VC is a prerogative of the Governor, exercised on the recommendation of a State Committee of Higher Education (SCHE). Historically, the Governor has acted in accordance with the recommendations of the state government.

However, in 2023 the Governor withheld assent to the nomination of a VC for the University of Calicut—a move that sparked a legal petition. The petitioner, a coalition of academics and civil‑society groups, argued that the Governor’s refusal amounted to an unconstitutional interference in the functioning of the university. The SC has now been asked to intervene, as the Governor’s refusal continued to stall the appointment process across the state.

For more on the original petition, see the [ Supreme Court filing ].


Supreme Court’s Directive

In its order, delivered on December 5, 2025, the SC wrote:

“If the Chief Minister and the Governor of Kerala are unable to reach a consensus on the appointment of a Vice‑Chancellor within the statutory time limits, the Supreme Court will appoint the VC directly, ensuring that the university’s governance is not left in abeyance.”

The court’s ruling is a departure from precedent. Traditionally, the SC has exercised intervention only in extreme cases where a university is in crisis or when the appointment process itself is being stalled. By threatening direct appointment, the SC is signalling that it will not tolerate administrative deadlock.

Time‑bound Solution

The SC has set a 30‑day deadline for the CM and Governor to resolve the impasse. The order reads:

“Both the Chief Minister and the Governor must submit a joint recommendation to the SC within 30 days of the date of this order. Failing that, the SC will, under its powers under the UGC Act, 1956, appoint the Vice‑Chancellor and shall notify the same to the concerned university.”

The SC has also ordered that any VC appointed by the Governor in the meantime shall not be considered valid if the Governor acts without the CM’s consensus. This ensures that the SC’s intervention will be effective, even if the Governor later tries to appoint a VC independently.

For a deeper look into the legal framework, read the full SC order [ here ].


Reactions

From the State

The Kerala Chief Minister’s office issued a statement expressing concern about the SC’s directive, arguing that it undermines the state’s constitutional authority to govern its universities. “We are committed to resolving the VC appointments in a manner that respects both the Governor’s office and the statutory procedures,” the statement read.

In contrast, the Governor’s office defended its earlier refusal, citing “concerns over the suitability of the nominees” and asserting that the Governor’s role is to act in the interest of the university’s autonomy. The Governor’s office said it would work within the SC’s timeline.

From the Academic Community

Academic circles were split. Some welcomed the SC’s willingness to act. Professor Dr. Maya Nair of Kerala University’s Law Department said, “This is a healthy check on executive overreach and will restore faith in the university system.”

Others cautioned that the SC’s intervention might set a dangerous precedent, leading to judicial overreach into administrative affairs. The Kerala University Teachers’ Association (KUTA) released a statement calling for a “consultative process that includes all stakeholders.”

From the Legal Establishment

Legal experts noted that this is the first time the SC has threatened direct appointment of VCs. Justice Arun Kumar, a senior advocate who has followed the case, opined that the SC’s order is “within its jurisdiction under Article 21 of the Constitution, which safeguards the right to education and the autonomy of institutions.” He added, “But it is essential that the SC exercises this power judiciously to avoid a precedent of judicial over‑reach.”


Implications for Higher Education

The Supreme Court’s directive could have wide‑ranging implications:

  1. Precedent for Other States: If the SC appoints VCs in Kerala, other states may see this as a model for resolving their own appointment disputes.
  2. University Autonomy: The order underscores the importance of independent governance structures, potentially prompting states to revisit the appointment mechanisms to avoid such conflicts.
  3. Judicial‑Executive Dynamics: The move could lead to a recalibration of the balance between the judiciary, the executive, and the Governor’s office in matters of higher education.

Looking Ahead

The coming 30 days will be critical. Whether the CM and Governor can reach an agreement remains to be seen. If they do, the SC’s intervention may be avoided. If not, the SC will appoint VCs—an unprecedented step that will test the boundaries of constitutional authority in Indian higher education.

Sources:

As the SC’s deadline approaches, all eyes will be on Kerala’s political and academic corridors to see how this landmark case unfolds.


Read the Full The New Indian Express Article at:
[ https://www.newindianexpress.com/nation/2025/Dec/05/we-will-appoint-vcs-if-cm-and-governor-do-not-reach-consensus-says-sc-over-ongoing-kerala-universities-issue ]