In a landmark ruling on November 30, 2023, the Supreme Court of India delivered a resounding affirmation of the independence of State University Chancellors from the influence of Councils of Ministers. The verdict, which saw the re-appointment of Dr. Gopinath Ravindran as Vice Chancellor of Kannur University in Kerala set aside, has far-reaching implications for the governance of higher education institutions in the country.
A Bench consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra unequivocally stated that when acting as the Chancellor of a State University, the Governor of the State exercises authority in a personal capacity, entirely free from the counsel or direction of the council of ministers. This legal pronouncement arose from the court’s determination that the re-appointment of Dr. Gopinath Ravindran was marred by what it described as “unwarranted intervention of the State Government.”
The court underscored the significance of safeguarding universities from undue interference by the State Government, referencing the Kannur University Act of 1996 and the UGC statutes as protective measures. Emphatically, it proclaimed that the Chancellor, in their pivotal role within the university, acts independently and without obligation to heed the advice of the State Government in the exercise of discretionary powers.
The verdict emphasized the dichotomy of authority between the Chancellor and the State Government. The Chancellor, in their capacity as the university’s head, was deemed to function independently and not as a proxy of the Governor’s office. The authority of the Chancellor, especially concerning the appointment and reappointment of the Vice Chancellor, was held to be exercised solely in the best interests of the university, with the Chancellor acting as the ultimate arbiter in such matters.
The court asserted:
“The statute makes a clear-cut distinction between two distinct authorities, namely, the Chancellor and the State Government. When the legislature intentionally makes such a distinction, the same must also be interpreted distinctly, and while dealing with the case of the Vice-Chancellor, the Governor, being the Chancellor of the University, acts only in his personal capacity, and therefore, the powers and duties exercised and performed by him under a statute related to the University, as its Chancellor, have absolutely no relation to the exercise and performance of the powers and duties by him while he holds office as the Governor of the State.”
In its comprehensive judgement, the court reaffirmed that the Chancellor’s role extended beyond mere symbolism. The Chancellor was not bound to seek the counsel of the Council of Ministers in matters related to the appointment process, with personal discretion being the guiding principle in university-related decisions.
The bench stated, “Under the scheme of the Act 1996 and the statutes, the Chancellor plays a very important role. He is not merely a titular head. In the selection of the Vice-Chancellor, he is the sole judge, and his opinion is final in all respects. In reappointing the Vice-Chancellor, the main consideration to prevail upon the Chancellor is the interest of the university.”
Furthermore, the court explicitly denounced any external interference in the Chancellor’s statutory discretion as impermissible, equating such intrusion with undue political influence and a violation of the principles of law. The judgement firmly articulated:
“The Chancellor was required to discharge his statutory duties in accordance with law and guided by the dictates of his own judgment and not at the behest of anybody else. Law does not recognize any such extra-constitutional interference in the exercise of statutory discretion. Any such interference amounts to dictation from political superiors and has been condemned by courts on more than one occasion.”
This landmark verdict from the Supreme Court not only protects the autonomy of State University Chancellors but also underscores the importance of maintaining the integrity of higher education institutions across the nation.
