The Kerala High Court dismissed a writ petition challenging the appointment of Dr. Mohanan Kunnummal as the interim Vice-Chancellor of the University of Kerala, observing that the arrangement was made under statutory provisions to ensure administrative continuity in the face of prolonged institutional gridlock.
A Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing a petition filed by two Senate members of the University of Kerala. They questioned the Chancellor’s decision to entrust Dr. Kunnummal—currently serving as the Vice-Chancellor of the Kerala University of Health Sciences—with additional charge as Vice-Chancellor of the University of Kerala. The petitioners sought a writ of quo warranto, contending that Dr. Kunnummal did not meet the age and academic eligibility criteria under the Kerala University Act, 1974 and the UGC Regulations, 2018.
Rejecting these arguments, the Court held that Section 10(19) of the Kerala University Act empowers the Chancellor to make an interim “arrangement” not an “appointment” in order to discharge VC duties in the event of a vacancy, pending a regular selection. The Court underscored that the legislative use of the word “arrangement” permits broader administrative flexibility and does not import the qualifications required for regular appointments.
The Court also took serious note of the broader context that 12 out of 13 state universities in Kerala are functioning without regular Vice-Chancellors. It found that the Chancellor acted out of necessity to maintain institutional stability, especially given that Dr. Kunnummal was the only sitting Vice-Chancellor available.
The Bench refused to issue a quo warranto writ, holding that the petitioners had failed to demonstrate any legal bar to the Chancellor’s action. Accordingly, the writ petition was dismissed.
Advocates appearing in the case:
By ADVS. SRI. Elvin Peter P.J. (SR.), Sri. K.R. Ganesh, Smt. Gouri Balagopal, Sri. Sreelekshmi A.S., SMT. Anamika M.J.
R1 By State Attorney Sri N. Manoj Kumar
R2 By Senior Advocate Sri P. Sreekumar
R3 By Adv Sri Thoman Abraham
R4 By Advs Sri Binny Thomas, SMT. Girija K Gopal K. GOPAL
By Advs Smt K.V, Vigy, Smt Soorya Mariya Kurian .
