SC calls out Kerala governor for not reviewing former judge’s report on VC appointments

The Supreme Court criticised the Kerala Governor for failing to examine a report prepared by former Supreme Court judge Sudhanshu Dhulia on the long-pending appointment of regular vice chancellors to two state universities.

The matter was taken up on Friday before a bench of Justice JB Pardiwala and Justice KV Viswanathan.

The judges said that a report written by a retired judge of the Supreme Court “is not just an ordinary piece of paper.” They noted that the Governor, who is the Chancellor of APJ Abdul Kalam Technological University and the University of Digital Sciences Innovation and Technology, should have reviewed the document.

During the hearing, the court asked why Kerala Governor Rajendra Arlekar had not gone through the report forwarded by the Chief Minister. Senior advocate Jaideep Gupta, appearing for the state, said the Chancellor had received the committee’s findings but had not taken any action. This led Justice Pardiwala to ask why the report had not even been looked at.

The issue arises from a long dispute between the state government and the Governor over filling key academic posts. In August, the Supreme Court appointed Justice Dhulia to head a search-cum-selection committee. The court had instructed that the panel’s shortlisted candidates be sent first to the Chief Minister, who would then forward the order of preference to the Chancellor.

The court created this arrangement after finding that the normal appointment process had broken down. The move also followed the Governor’s challenge to a Kerala High Court ruling that struck down his unilateral appointment of an interim vice chancellor without the state’s recommendation.

The conflict deepened in September when the Governor sought a modification of the Supreme Court’s order. He argued that neither university laws nor UGC rules gave the Chief Minister any role in selecting vice chancellors and that involving him would create a conflict of interest.

In its brief order, the Supreme Court noted that the appointment process had continued with agreement from all sides. “In due deference to our order dated 18.08.2025, Hon’ble Justice Sudhanshu Dhulia, former Judge of this Court, undertook the necessary exercise and has prepared a report accordingly,” the bench said. The court recorded that the document had moved from the committee to the Chief Minister and then to the Chancellor.

The bench questioned the explanation that related documents had not reached the Raj Bhavan. “We fail to understand why the non-receipt of the records is coming in the way for the purpose of looking into the report filed by the committee,” the order said. The court made it clear that the Chancellor must act on the recommendations without delay.

When the Governor’s counsel attempted to offer more arguments, Justice Pardiwala stopped him. “This is not just an ordinary piece of paper. A former judge of the Supreme Court has looked into it. So you are to look into the report and take an appropriate call,” he said.

The court will review the Chancellor’s decision next Friday, December 5.