The Hindu : Kerala News : Chancellor nullifies VC's order

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Saturday, Sep 04, 2004

Kerala

Kerala

Chancellor nullifies VC's order

By Our Staff Reporter

KOZHIKODE, SEPT. 3. The Governor, R.L. Bhatia, who is also the Chancellor of the Universities, has overruled the order of the Calicut University Vice-Chancellor, Syed Iqbal Hasnain, removing K. Kunhikrishnan from the post of the Director of School of Distance Education (SDE).

Legality

The Chancellor's order comes in the wake of a heated debate in the academic circles on the legality of the dismissal of Prof. Kunhikrishnan. Dr. Hasnain had removed Prof. Kunhikrishnan from the post of SDE Director on August 11 citing that he had crossed 55 years of age and that the post was in the non- teaching category. The retirement age prescribed by the university for non-teaching staff is 55 years.

However, Prof. Kunhikrishnan, who was appointed the SDE Director by the University Syndicate in 1993, had petitioned the Chancellor questioning the "illegal and arbitrary order'' of the Vice-Chancellor. He had stated that the High Court of Kerala had already clarified that the post belonged to the teaching category.

Prof. Kunhikrishan, who was earlier with the Psychology Department, had also accused the Vice-Chancellor of depriving him of continuing in service for another five years. For teachers the retirement age fixed by the University Grants Commission (UGC) is 60 years.

Chancellor's order

The Chancellor's order issued in Thiruvananthapuram on August 31 said that the order removing Prof. Kunhikrishnan from the post of SDE Director had to be suspended and that he was exercising the powers conferred on him under Section 7 (3) of Calicut University Act 1975. The matter has also been referred to Advocate General for his opinion.

The order also said "Prof. Kunhikrishnan cannot by any stretch of the law be held liable to suffer for the default if any on the part of any authority of the university". Moreover, the Chancellor directed that in case the statutory formalities if left incomplete, may be completed within a period of three to six months.

VC's claim

Meanwhile, Dr. Hasnain said in a press release here today that the university, while obeying the directives of the Chancellor, had decided to freeze its order removing Prof. Kunhikrishnan from the SDE director's post until the Syndicate took a decision within six months whether the post fell in the teaching or non teaching category.

He also claimed that the Governor had not nullified the Vice-Chancellor's order. Besides, the Governor had given him three to six months time to take a final decision on the post.

Stir off

Following the Chancellor's order, the teachers affiliated to the Calicut University Teachers Association (CUTA) called off their indefinite relay hunger strike. The agitation by the teachers was launched in front of the university administrative block on Wednesday.

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