Vice-Chancellor Appointments, UGC Regulations & Federal Friction: Kerala Case in Supreme Court

Why in News?

Kerala Governor Rajendra Vishwanath Arlekar, in his capacity as Chancellor of state universities, has urged the Supreme Court to exclude the Chief Minister from the process of selecting Vice-Chancellors (V-Cs) for A.P.J Abdul Kalam Technological University and Digital University Kerala.

He argued that:

• The State Universities Acts do not envisage any role for the CM in VC selection.

• UGC Regulations, 2018 bar persons connected with the university or its affiliated colleges (including state government authorities) from the process.

• The Chancellor (Governor) has discretion to choose the VC from a list recommended by the search committee.

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Constitutional & Legal Framework

1. Governor as Chancellor

• By convention and under various State University Acts, Governors are made Chancellors of state universities.

• As Chancellor, they preside over convocations, appoint V-Cs, and ensure adherence to statutes.

2. UGC Regulations, 2018

• V-C appointments must follow UGC norms:

  • Search-cum-selection committee with 3–5 names.

  • Members must be eminent academicians, not connected with the university or its colleges.

  • Chancellor has final authority to select from the list.

3. Supreme Court’s Position

• In Professor (Dr) Sreejith P.S. v. State of Kerala (2022), SC struck down appointments violating UGC norms, holding UGC Regulations binding.

• On August 18, 2025, SC had attempted to break the deadlock by appointing Justice Sudhanshu Dhulia as chair of the search committee, with members nominated by both state and Chancellor. The Governor’s current plea seeks modification of this order.

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Key Issues

1. Autonomy vs Political Control

   • UGC aims to insulate higher education from political interference.

   • States argue for democratic accountability in appointments since universities are funded by state budgets.

2. Role of Governor

   • As Chancellor, the Governor claims independence from the State Cabinet in VC appointments.

   • Raises the broader debate: should Governors exercise powers independent of elected governments in state institutions?

3. Federal Tensions

   • Disputes between Governors and State Governments (Tamil Nadu, Kerala, West Bengal, Punjab) often spill into the judiciary.

   • This case illustrates constitutional silences and conflicting statutes (State Acts vs UGC regulations).

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UPSC Previous Year Questions (GS – II Polity, Governance)

• 2022 (Mains, GS-II): Discuss the role of Governors in state politics in India. Critically evaluate the recent trend of friction between Governors and State Governments.

• 2021 (Prelims): With reference to the role of the Governor in State universities, consider the following statements: (1) He is the ex-officio Chancellor, (2) Appointment of VCs is done in accordance with UGC regulations.

• 2019 (Mains, GS-II): Critically examine the issues of autonomy and accountability in higher education in India in the context of UGC reforms.

• 2017 (Mains, GS-II): Discuss the federal issues arising out of the appointment and removal of Governors in India.

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UPSC Relevance

• GS-II Polity: Centre-State relations, Role of Governor, Federalism.

• GS-II Governance: UGC’s role in higher education regulation.

• Essay Paper: Topics on "Politics and Education", "Autonomy of Institutions."

• Ethics Paper (GS-IV): Conflict of interest – CM’s role vs independent governance.

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Way Forward

• Codify Governor’s Role: States and Centre should clearly legislate the Chancellor’s powers in university Acts.

• Balance Autonomy & Accountability: UGC norms should ensure independence while allowing democratic oversight.

• Judicial Clarity: SC’s verdict will set precedent for harmonising State University Acts with UGC regulations.

• Reform Idea: Consider appointing eminent academicians (not Governors) as Chancellors to reduce political tensions.

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✅ In UPSC answer writing, link this case with:

• Article 154 & 163 (Governor’s powers),

• Article 200 (Governor’s discretion on Bills),

• UGC’s role under Entry 66, Union List (coordination & standards in higher education).