Deadlock over the selection process of VCs has led to vacant cabins in universities across states. Academics, university teachers, students and scholars are united in their concern 

In October, the Kerala government was under pressure to appoint new vice chancellors (VCs) for four universities— University of Kerala, Kerala University of Digital Sciences, Innovation and Technology, APJ Abdul Kalam Technological University and Kerala University of Health Sciences. The tensions with the Governor, Arif Mohammed Khan, over the selection process were at its peak.  

When the Governor gave extension to Mohanan Kunnummal as VC of the Kerala University of Health Sciences on October 24, the move was seen as a significant setback for the Left Democratic Front (LDF) government, given Kunnummal’s alleged firm opposition to the CPI(M)-dominant Syndicate at Kerala University on various issues.  

The pro-LDF Federation of University Teachers’ Associations (FUTA) strongly objected to the move and announced a black day in all universities the next day. The organisation characterised the “unilateral move” as undemocratic and detrimental to the progress of higher education in the state. It also expressed concern over the growing trend of disregarding consultations with the state government even though the universities rely heavily on state funding. 

Incidentally, Kunnummal is now the only regular VC among Kerala’s 14 state-run universities. All universities except one are operating under interim VCs. The sole institution with a permanent VC is Kalamandalam—Kerala’s only university for traditional performing arts—where renowned dancer Mallika Sarabhai has served as VC since December 2022. Kalamandalam’s unique status stems from a simple fact—unlike other universities where the Governor serves as the Chancellor, here the Chief Minister holds that position, eliminating any appointment conflicts. 

This crisis isn’t unique to Kerala—other states with non-BJP governments are facing similar challenges. Tamil Nadu has six universities without permanent VCs, while West Bengal has 36 such vacancies, all due to deadlocks between state governments and respective Governors.  

In these states, Governors close to the political line of the Union Government have adopted increasingly political stances in their administration, leading to direct conflicts with the non-BJP state governments. The governments, in turn, refuse to give up their control and powers over state universities.  

What Makes VC Appointments Difficult?  

Education falls under the concurrent list, allowing both the central and state governments to legislate on it. State universities are established through statutes passed by State Legislative Assemblies, and each university operates according to the specific Act under which it was founded. By law, a search committee must be formed to select a VC from a panel of qualified candidates. The composition of this search committee varies from one university to another, depending on the provisions in the respective Act. 

The cold war between the Kerala Governor and the LDF government turned into an open conflict in October 2022 thanks to the SC ruling that annulled the appointment of Rajasree M S, the VC of APJ Abdul Kalam Technical University. As per the SC, the appointment was in violation of UGC regulations as there was only one name in the panel of candidates proposed.  

According to UGC regulations, the search committee is required to present a panel of at least three candidates (ranging from three to five) for the appointment of VC, from which the Chancellor must choose one. However, state university statutes outline an alternative process: if the search committee reaches a unanimous decision on a single candidate, they may submit just that one name for the VC position, without needing to meet the minimum requirement of three candidates. 

Following the SC ruling, the Kerala Governor issued notices to the VCs of nine universities, demanding their immediate resignation in October 2022. This action sparked intense debates over the legal framework governing the appointment and functioning of VCs in state universities. Legal experts argue that the SC’s decision, which prioritises UGC regulations over state laws governing universities, sets a troubling precedent that could undermine university autonomy and federal principles. P D T Achary, the former Lok Sabha Secretary General, contends that UGC regulations are executive orders, a form of subordinate legislation, and thus should not supersede Acts passed by state legislatures. 

Can the Governor Demand the Resignation of VCs?  

The University Acts do not entitle the Governor to do so. According to the law, a VC can only be removed on grounds of proven misconduct or misappropriation of funds. K. Sashidharan Nair, the vice chairman of the Kerala Law Reforms Commission, confirms that no legal basis exists to seek a VC’s resignation due to alleged procedural flaws in their appointment.  

The Kerala Governor raised concerns regarding the appointments at these nine universities, asserting that their search committees submitted only single names rather than the candidate panels required by the UGC regulations. Notably, the Governor himself had previously approved and signed these appointments. 

The VCs did not comply with the Governor’s order; instead, they approached the Kerala High Court, which subsequently stayed the order and asked the Governor to file a counter affidavit. The Governor’s office has not submitted one to date. Although the stay issued by the HC temporarily resolved the standoff, it marked the start of a prolonged crisis affecting the smooth functioning of Kerala’s universities.

The Formation of Search Committees 

The search committees in Kerala, which are responsible for recommending a panel of candidates for the VC position, have effectively become inactive. The government has refused to send representatives to these committees, aiming to block the Governor’s alleged attempts to appoint individuals perceived to be aligned with the BJP. Without a functioning search committee, VC appointments cannot proceed. 

The government has moved to remove the Governor from his role as Chancellor of the universities by amending the statutes. In 2021 and 2022, it passed five amendment bills targeting various universities to alter search committee structures and to appoint the CM as the Chancellor, thereby increasing its influence over university administration.  

However, the Governor neither signed these bills nor returned them, effectively shelving them. Besides the university-related amendments, seven additional bills, including the significant Kerala Lokayukta Amendment Bill and Kerala Public Health Bill, were also withheld by the Governor. After holding these bills for two years, he forwarded them to the President for consideration, except for the Kerala Public Health Bill, which he signed. This action is unusual, as it is rare for Governors to refer state bills to the President. Constitutional experts note that a bill should only be referred to the President if it pertains to central-state relations, a criterion that none of these withheld bills meets. 

In a recent move, the Government filed a writ petition in the SC against Governor’s act of sending the bills to the assent of the President. The Government requested the SC to declare his act as illegal and lacking in bonafides. The writ also asks for declaring the President’s act of withholding the bills as unconstitutional.

The Deadlock Deepens

In a move lacking legal support, the Governor unilaterally established search committees for six state universities in Kerala in June 2024, aiming to address the administrative crisis. However, these search committees, formed without representation from the University Senate (the government’s representative body), failed to function.  

The statutes governing these universities do not grant the Governor authority to independently form search committees. The government challenged the Governor’s action in the HC which, in turn, stayed the Governor’s order for constituting search committees. Meanwhile, the VC positions in Kerala’s universities have gradually become vacant as current officeholders retired, including the nine VCs previously asked to resign by the Governor. Since 2021, this prolonged deadlock has left all state universities without VCs.

Tamil Nadu: Governor ‘Acting as Government’ 

In a similar action, Tamil Nadu Governor R.N. Ravi, known for his association with the RSS, issued an executive order to independently establish search committees for appointing VC. In September 2023, he formed search committees for Madras University, Bharathiar University, and Tamil Nadu Teachers Education University (TNTEU).  

Shortly afterward, Tamil Nadu’s then-Higher Education Minister, K. Ponmudi, asserted that the Governor had no authority to unilaterally establish search committees, as the Acts governing these universities do not grant such power. Moreover, the Governor’s decision disregarded search committees previously formed by the state government in 2022. Specifically, the VC posts at BU and TNTEU became vacant on October 17, 2022, and November 30, 2022, respectively. Search committees were already constituted according to the respective Acts and announced in the Gazette on September 20, 2022, for the BU and October 19, 2022, for the TNTEU, with the Governor’s approval. Despite having approved these committees, Governor Ravi’s order bypassed his prior endorsement. 

“The Governor cannot assume the role of the government. He is not authorised to issue an executive order and must understand the limits of his powers,” Professor Balaguruswamy, the former VC of Anna University, says. He contended that the on-going conflict between the government and the Governor is severely undermining the quality of higher education in the state.

The Fight Takes a Political Turn

Six universities in Tamil Nadu currently have vacant VC positions. A recent development in the ongoing conflict between the Governor and the government in Tamil Nadu is the decision by state ministers to boycott convocation ceremonies. This has turned the dispute into a highly politicised issue, with ministers intentionally opting out of convocations presided over by Governor R.N. Ravi. 

In November 2023, the former Higher Education Minister, K. Ponmudy, chose not to attend the convocation ceremonies at two universities. Health Minister Ma Subramanian, Pro-Chancellor of Tamil Nadu Dr. MGR Medical University, skipped the convocation ceremony in October 2024. The current Higher Education Minister, Govi Chezhiaan, missed convocations at three universities recently, all presided over by the Governor.

Bills Kept on Hold by the Governor 

In October 2023, the Government of Tamil Nadu filed a petition with the Supreme Court contesting Governor R.N. Ravi’s act of indefinitely withholding various bills and proposals submitted by the state government. Twelve bills, passed between 2020 and 2023, all related to amendments of university acts, have been left pending by the Governor.  

Under Article 200, the Governor is required to return any bill sent by the State Legislative Assembly “as soon as possible,” along with a message requesting the assembly to reconsider specific provisions or the entire bill.  

If the assembly passes the bill again and resubmits it, the Governor is obligated to sign it and cannot withhold it any longer. Eight of the twelve bills aim to grant the state government the authority to appoint VCs of the universities instead of the Governor. One bill seeks to include a government nominee on the selection panel for VC, while two bills intend to give the government the power of inspection and inquiry, replacing the Chancellor of the university. The case is awaiting a hearing, similar to the petition submitted by Kerala.

West Bengal: Resolving the Deadlock 

West Bengal has the highest number of state universities currently operating without a VC. Thirty-six universities in the state are lacking this key administrative position. Similar to the situations in Kerala and Tamil Nadu, the conflict between the Governor and the government over VC appointments began in 2021/22 during the tenure of Jagdeep Dhankhar, who is now the Vice President. In 2022, he accused the government of not adhering to proper procedures in these appointments. In response, the government passed bills to amend the University Acts to remove the Governor from the Chancellor’s role in state universities.  

The conflict escalated with the appointment of C.V. Ananda Bose as the new Governor. The bills passed by the assembly were held back by the former Governor and have remained unaddressed by the current Governor. In June 2023, the Governor appointed interim VCs in 11 state universities, disregarding the government’s ordinance aimed at changing the structure of search committees. The Governor’s decision was challenged in the High Court, which upheld his actions, causing significant embarrassment for the government.  

Subsequently, the Governor proceeded to appoint interim Vice Chancellors in an additional 22 state universities. The government later filed a Special Leave Petition with the SC, contesting the Governor’s actions as illegal. 

However, the SC’s effective intervention in the stalemate in West Bengal helped resolve the issue. In October 2023, it stayed the recent appointments made by the Governor and urged him to meet with the Chief Minister “over a cup of tea” to settle the crisis. In a landmark ruling in July 2024, the SC ordered the establishment of a search and selection committee led by former Chief Justice U.U. Lalit.  

“The government and the academic community welcome this decision. We all hope that this long-standing crisis will finally come to an end,” says Om Prakash Mishra, the former VC of the University of North Bengal. He expressed concern that the lack of VCs has a dreadful impact on the quality of higher education.  

Universities lacking VCs have severely disrupted various functions within these institutions. The unfilled faculty vacancies are being addressed through the temporary hiring of ad hoc teachers. “The Kerala University, which earned an A++ grade in NAAC accreditation in 2022, has around 150 permanent faculty members. The number of vacant teaching positions is estimated to be three times that figure. This situation is common across all universities in the state.  

Consequently, PhD candidates are forced to look for opportunities at other universities due to the shortage of available professors. “The number of papers being published from our universities in competent journals also comes down due to the absence of mentors. All of these factors have a significant negative impact on the quality of education,” says S. Nazeeb, the general secretary of FUTA.  

University teachers and scholars are united in their concern that this is a coordinated effort to expand the presence of private universities in the country. The FUTA claims that the ongoing deadlock is intentionally orchestrated to undermine public universities, thereby fostering a favourable environment for the growth of private institutions. While this may be seen as a conspiracy theory, it is a fact that the current crisis has adversely affected quality.

Originally published here