The Aryavarth Express
Agency (THIRUVANANTHAPURAM): Kerala Governor Arif Mohammed Khan has, once again, suffered a severe setback from the Kerala High Court.
The latest judicial snub came when the HC quashed four nominations made by Khan in his capacity as Chancellor of universities to the Senate of Kerala University. Justice Mohammed Nias CP has directed the Chancellor to make fresh nominations within six weeks. The Chancellor does not enjoy unbridled powers to make the nominations in terms of the statutory provisions, the court observed, administering a severe snub to the Chancellor.
The order has come on a petition filed by Arunima Ashok and another student challenging the order nominating Abhishek Nair, a third-semester BA History student of BTM NSS College, Thiruvananthapuram and Dhruvin S L, fifth-semester BCA student of Christ Nagar College, Thiruvananthapuram. Abhishek is only a third-semester student undergoing a BA history course. He could not be treated as a student of humanities with outstanding ability unless he proved his merit on completion of his course. Likewise, Dhruvin is a mere fifth-semester student doing his BCA course.
The Court also quashed the Chancellor’s order nominating Malavika Udayan, fifth-semester bio-chemistry student of NSS College, Pandalam, and BA Sudhi Sadan, fifth-semester, BSc bio-chemistry student of NSS college, Pandalam, under the category of students with outstanding ability in fine arts and sports respectively.
The order was on a petition filed by Nanda Kishore, a degree student of Mar Ivanios College, Thiruvananthapuram, and Avanth Sen PS, a degree student of MSM College, Kayamkulam, challenging the action of Chancellor. Kishore was the “Kalapratibha” in the Kerala University Youth Festival 2022-23 while Sen won a bronze medal in the item tug of war in the All Indian Inter-university Competition. The Chancellor, however, had nominated Abhishek Nair and Dhruvin as Senate members although the petitioners were the only two students who were found to be eligible for nominations under the fine arts and sports categories.
The High Court order, undoubtedly, constitutes a big blow to the Governor’s efforts to exceed his powers and to undermine the achievements of the State in the higher education sector. The rules demanded that the Governor in his capacity as the Chancellor nominate only students who have excelled in humanities, science, art and sports. It may be mentioned that the University had provided a list of eight students who fulfilled the eligibility criteria, too.
However, the Chancellor chose to nominate his favourites who did not have the requisite qualifications to be nominated to the Senate. It is this illegal action of the Chancellor which has attracted the Court’s ire. All previous Governors had strictly followed the precedent of choosing the most eligible students from the list furnished by the University. Arif Mohammed Khan opted to act on his own violating the rules, and paid the penalty.
CPI(M) state secretary MV Govindan termed the court order as a blow to the political games being played by the Governor. The verdict has also proved that the Government’s approach was correct and the Governor’s action wrong. The order, Govindan added, will also have a bearing on the nominations made by the Governor to other universities as well.
What is shocking is that, despite the legal setback, the Governor is persisting on the wrong path. In another act, showing his contempt for established norms and rules, Khan has refused to promulgate an ordinance setting up a Delimitation Commission to redraw the boundaries and increase the number of wards of local self-government institutions based on the 2011 census.
Khan has chosen not to promulgate the ordinance on the plea that the model code of conduct is still in place. The Governor said he could not enact the ordinance without the prior consent of the Election Commission of India. The State Election Commissioner will chair the proposed Delimitation Commission, which will have five members in the rank of Secretary to the Government. The Commission will then issue a draft notification as part of its mandate. The Commission will create new wards based on the 2011 census findings. At present, the gram panchayats have one ward per 1,000 voters.
Meanwhile, a special Cabinet meeting held recently, has decided to increase the number of wards ahead of the 2025 local body elections. The Cabinet proposed amendments to the Kerala Panchayat Raj Act, 1994 and Kerala Municipality Act, 1994.
Now that the Governor has declined to enact the ordinance, the Kerala Government has no other option but to introduce it as a bill in the next Assembly session. (IPA Service)
By P. Sreekumaran
