SC declines to stay Kerala HC judgment setting aside appointment of KUFOS VC

Supreme Court. Credit: PTI Photo

The Supreme Court on Monday refused to stay the Kerala High Court judgment, which quashed the appointment of K Riji John as Vice-Chancellor of the Kerala University of Fisheries and Ocean Studies (KUFOS).

A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli, however, decided to examine the petition filed by John challenging the high court judgment.

Senior advocates Jaydeep Gupta and K K Venugopal, appearing for John and the Kerala government respectively pressed for a stay on the high court judgment or a status quo in the matter.

However, the bench declined the plea and fixed the matter for hearing after two weeks.

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“If you succeed, you will be reinstated," the bench said.

It was argued that the university’s administration will come to a standstill. However, the bench said that the chancellor is bound to make some arrangements for two weeks.

The court also said it will dispose of the matter after two weeks.

On a request by the counsel, the bench clarified that any action in the meantime will abide by the result of the petition.

It was also argued before the bench that fisheries come under the category of agriculture and Kerala Fisheries Act comes under entry 14 of the list two, and the research and education connected with fisheries will be a state subject, therefore UGC regulations do not apply in an agricultural university.

Kerala government counsel also submitted that there are specific entries in the state list which govern the fisheries university.

John was appointed as the new V-C in December last year, after a three-member search committee recommended his name.

The HC, in its judgement on November 14, noted John's appointment was made overlooking UGC regulations, 2018.

The development came as a setback to the LDF government in Kerala which was involved in a tussle with the Kerala Governor, who had sought resignation of 10 V-Cs of the state universities after the Supreme Court's judgement in October quashing the appointment of Rajasree M S as Vice Chancellor of APJ Abdul Kalam Technolgical University, Thiruvananthapuram.