Kerala HC quashes Governor's order suspending KTU syndicate resolution

The Kerala High Court has quashed the order of Governor Arif Mohammed Khan, issued in his capacity as chancellor of the APJ Abdul Kalam Technological University, suspending resolutions of the Syndicate and the Board of Governors, respectively.

The Chancellor had recently suspended the University syndicate’s decision to constitute a, ”Syndicate Standing Committee on University Administrative Affairs”. It was constituted to give administrative support to the Vice-Chancellor and Registrar.

Invoking his powers under Section 10(3) of the APJ Abdul Kalam Technological University Act, the Chancellor had also suspended the resolution of the Board of Governors, deferring the implementation of certain transfer orders of employees.

The court gave the verdict on Friday on a plea filed by University syndicate member and MLA I B Satheesh, challenging the Chancellor’s decision.

In its order, Justice Sathish Ninan observed that the proviso to Section 10(3) of the Act, in unambiguous terms, stipulates for an opportunity to show-cause ”before making any such order.” ”When the power is traced under a statutory provision, compliance in terms thereof is the mandate. Where the law prescribes a thing to be done in a particular manner and following a particular procedure, it shall be done in the same manner, following the provisions of law, without deviating from the prescribed procedure,” it said.

The statutory prescription of grant of opportunity to show-cause having not preceded the order, the same is liable to be interfered with, the court said.

”However, this shall be without prejudice to the right to proceed afresh in accordance with Section 10(3) of the Act,” the court added.