Kerala University row over Standing Counsel appointment

A fresh controversy has emerged at the University of Kerala after in-charge Vice-Chancellor (VC) Mohan Kunnummal replaced the university’s Standing Counsel in the Kerala High Court.

Prof. Kunnummal passed the order to remove advocate Thomas Abraham as the university’s Standing Counsel before the Kerala High Court and appoint advocate Girija Gopal in his place.

According to official sources, the university has formally informed the Supreme Court about the change in Standing Counsel and instructed Mr Abraham to hand over all case files to the newly appointed counsel at the earliest.

Mr. Abraham, however, challenged the decision of the V-C, stating that he was appointed by the university Union as per the First Charter of the University of Kerala, 1977 and that the power to appoint or replace the Permanent Counsel vested solely in the Union.

In a letter addressed to the Registrar, he alleged that the VC had invoked Section 10(13) of the Kerala University Act, 1974 without any legal justification.

According to him, the provision is intended to be used only in exceptional cases and cannot be invoked to bypass the Union by not calling a statutory meeting. He added that the decision was legally unsustainable and constituted an improper use of the Vice-Chancellor’s emergency powers.

Mr Abraham maintained that he would continue to serve as the university’s Permanent Counsel until the Union appointed a new Standing Counsel or he voluntarily resigned.

Union split

This development triggered opposition from some of the Union members, who claimed that the appointment or dismissal of the Permanent Counsel fell within the Union’s legal powers. They also accused the VC of exceeding his authority by making the appointment without the approval of the Union.

Mr Abraham has been the university’s Standing Counsel in the Supreme Court for nearly a decade. The university’s legal representation has become a point of contention as the union and the VC have adopted different positions in many cases over the past few years. Mr. Abraham represented the Union in various proceedings, including cases arising from administrative disputes within the university.