Supreme Court refuses to stay Kerala HC Judgment, setting aside appointment of Dr Riji John as KUFOS VC

Supreme Court refuses to stay Kerala HC Judgment, setting aside appointment of Dr Riji John as KUFOS VC

On Monday, the Supreme Court's division bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli issued notice on a petition filed by Dr. K Riji John challenging the Kerala High Court's decision to vacate his appointment as Vice-Chancellor of Kerala University of Fisheries and Ocean Studies (KUFOS). The court, however, refused to stay the High Court's decision and scheduled the case for hearing in two weeks.

"If you succeed, you will be reinstated", CJI Chandrachud said. When Gupta said that the administration of the University will come to a standstill, the CJI said, "Chancellor is bound to make some arrangements for two weeks".

Senior Advocate Jaideep Gupta, who represented Riji John, argued that the dispute was over entries in the state and union lists. He contended that fisheries would fall under the category of agriculture in list 2, entry 14. The Kerala Fisheries Act falls under entry 14 of list two, and fisheries research and education will be a state responsibility. As a result, the UGC regulations do not apply to an agricultural university. He stated that it is an issue that needs to be resolved and thus requested that notice be issued and the judgement be stayed. He went on to say that there was no issue with an entry on a state list in the recent Calcutta University judgement, which was upheld by the High Court.

Senior Advocate KK Venugopal, representing the State of Kerala, argued that entry 66 of the first list (an entry relating to higher education in the Union List) does not apply to an agricultural university. He went on to say that the fisheries university is governed by specific entries in the state list. The former Attorney General of India also referred to a judgement that held that agricultural debts would fall under the state list rather than the banking entry. Venugopal also requested a stay of the judgment, claiming to be a "highly qualified individual."

On November 14, a division bench of the High Court invalidated Dr. Riji John's appointment as KUFOS VC on the grounds that it violated the UGC Regulations 2018. The search committee for the VC appointment was formed in violation of the UGC Regulations, according to a bench comprised of Chief Justice S. Manikumar and Justice Shaji P. Chaly.

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