Court questions the invocation of emergency powers by the Vice-Chancellor under the Kerala University Act, 1974, citing lack of apparent emergency and procedural compliance.
In a significant ruling, the Kerala High Court has stayed the proceedings initiated by the Vice-Chancellor of a prominent university in Kerala against its Registrar, Prof. Dr. K.S. Anil Kumar. The court, presided over by Justice P.V. Kunhikrishnan, questioned the legitimacy of the Vice-Chancellor’s decision to issue a Memo of Charges under the emergency powers granted by Section 10(13) of the Kerala University Act, 1974.
The case, registered as WP(C) No. 737 of 2026, arose after the Vice-Chancellor invoked emergency powers to take immediate action without the Syndicate or the Academic Council being in session. The court highlighted the absence of any evident emergency situation justifying such a move, as required by the Act, and noted the failure to report the action in the subsequent Syndicate meeting held on December 24, 2025.
Justice Kunhikrishnan expressed surprise over the lack of clarity regarding the emergency that led to the issuance of the Memo of Charges, labeled as Ext.P12. The court reviewed the statutory provision, which mandates that any emergency action taken by the Vice-Chancellor must be reported in the next session of the Syndicate or the Academic Council. The failure to adhere to this requirement was a significant point of contention, indicating possible procedural lapses.
The petitioner, represented by a team of advocates including M/s P. Ramakrishnan, Preethi Ramakrishnan, and others, challenged the Vice-Chancellor’s authority to issue the memo, arguing that the action lacked statutory compliance and transparency. The court found merit in these arguments, leading to a stay on all further proceedings based on the contested memo until further orders.
The judgment emphasizes the court’s prima facie opinion that the Vice-Chancellor acted without proper authority. It has directed the Vice-Chancellor, referred to as the 3rd respondent, to file a counter affidavit explaining the rationale behind invoking Section 10(13) as an emergency measure.
The court’s decision underscores the importance of adhering to procedural norms and statutory mandates, particularly when exercising emergency powers in educational institutions. The judgment is a reminder of the legal checks and balances in place to prevent misuse of authority.
The case will continue to be a focal point of legal scrutiny as the Vice-Chancellor’s response to the court’s directives is awaited.
Bottom Line:
The Vice-Chancellor's authority to issue a Memo of Charges under Section 10(13) of the Kerala University Act, 1974 can be challenged, especially when there is no clear emergency situation or compliance with statutory requirements to report the action to the Syndicate.
Statutory provision(s): Kerala University Act, 1974 Section 10(13)
Prof. Dr. K.S. Anil Kumar v. State of Kerala, (Kerala) : Law Finder Doc Id # 2836919
