Supreme Court ruled that officials should not be made scapegoats in the disputes between the Government and the Governor. Supreme Court’s ruling came on March 5 while rejecting the appeal moved by the Government of Kerala (GoK) against Dr Ciza Thomas, former Vice Chancellor of APJ Abdul Kalam Technological University (KTU). GoK moved the apex court, challenging the High Court verdict and rejecting the charge sheet memo issued by the Higher Education Department. In the meantime, the Apex Court observed that officials should not be made scapegoats in the disputes between the Government and the Governor.
Dr Ciza Thomas’s counsel argued that the action of Additional Secretary of the Higher Education Department was unilateral, and it caused acute mental trauma for her. Therefore, she prayed for the cancellation of all revengeful acts against her.
When Dr Rajashree, VC of KTU, was disqualified by the Supreme Court, GoK recommended the names of the Higher Education Secretary, PVC, and Digital University VC for the position. But, the Governor, who is also the Chancellor of the State Government-funded universities in the State, rejected those names as he found that they were not eligible. He also gave the VC’s responsibility to the Technical Education Director for the position of the VC. However, she was reportedly influenced by the GoK and hence did not take over the position. Consequently, the Governor gave responsibility to the Senior Joint Director, Dr Ciza Thomas, the additional responsibility for the VC.
Accordingly, Dr Ciza Thomas went to see the Higher Education Secretary to inform her that she was going to take over as the VC. But the Secretary was not ready to have a personal meeting for fear of inviting the government’s wrath. KTU Syndicate members, staff, and students came out to oppose the VC; hence, she had to come to the Varsity with a police escort to resume duties. Officials, including the Registrar, refused to give her the VC’s password to sign the certificates. Then, GoK moved the High Court, pointing out that Dr Ciza Thomas took over without the government’s permission and that her appointment was illegal. But, the High Court upheld the Governor’s decision, so GoK suffered the first defeat in Dr Ciza Thomas’s case. Then, the Pinarayi regime transferred Dr Ciza Thomas to Kozhikode; however, the Administrative Tribunal stopped the transfer.
GoK was all set to implement actions against Dr Ciza Thomas before she retired from the service on March 31, 2023. But, Administrative Tribunal came again at her rescue. Moreover, Tribunal permitted her to continue in the service even after the retirement. Then GoK moved Supreme Court against the order of the Division Bench of the Kerala High Court to follow the Governor’s order and to stop all punishment actions. And, now Supreme Court has rejected the petition on March 5, 2024.
GoK has withheld Dr Ciza Thomas’s pension benefits. Even though she is an ‘outcast’ in the realm of technical education in the State, Dr Ciza Thomas is a busy visiting Professor in various IITs in the country.
The culmination of the entire episode has dealt another heavy and fatal blow and humiliating slap in the face of Pinarayi’s CPM Government. How many lakhs of rupees GoK has spent on engaging lawyers in both the High Court and the Supreme Court itself is a one-million-dollar question. This is one of the several litigations the Pinarayi regime has miserably lost even after deploying the high-flying lawyers from the Supreme Court.
The same day, the Pinarayi Government got another jolt, this time from no less a person than Rashtrapati. Rashtrapati Bhavan rejected the Kerala Cooperative Societies Amendment Bill 2022 (MILMA).
GoK had got a bill passed by the assembly for taking the entire control of the Kerala Cooperative Milk Marketing Federation (KCMMF). Its brand name is MILMA. Kerala Governor Arif Mohammad Khan was holding the bill as he thought it did not conform with the spirit and principles of democracy. Because the Bill had the provision for giving voting power to Administrators in the governing councils of cooperative institutions. The Governor emphasised that granting rights to people who are not dairy farmers’ representatives is not democratic but a possible vehicle for manipulation. In another word, it was a sinister design for the CPM takeover.
MILMA Bill is the fourth one Rashtrapati rejects. The following are the other three ones:
Kerala University Laws [Amendment No. 2] (Divesting Governor from the position of Chancellor of Universities) Bill, 2022
University Law Amendment Bill, 2022 [Expansion of Search Committee for the Appointment of Vice Chancellor]
The University Law Amendment Bill, 201 [Appellate Tribunal issue and other amendments to Technological University and others]
Now, the people of Kerala wonder if Pinarayi and his comrades will learn a lesson or two from these recurring defeats and resolve to move toward democratic values. They also hope the CM will stop his time-wasting and money-wasting war with Raj Bhavan.
