Kerala University row over Standing Counsel appointment

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

Prof. Kunnummal issued an 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 High Court of the change in Standing Counsel and has directed Mr. Abraham to hand over all case files to the newly appointed counsel at the earliest.

However, Mr. Abraham has objected to the V-C’s decision by stating that he was appointed by the university Syndicate under the Kerala University First Statutes, 1977, and that only the Syndicate has the authority to appoint or replace the Standing Counsel.

In a letter addressed to the Registrar, he contended that V-C invoked Section 10(13) of the Kerala University Act, 1974, without legal justification.

According to him, the provision is intended to be used only in exceptional circumstances and cannot be invoked to bypass the Syndicate by not convening its statutory meeting. He added that the order is legally unsustainable and constitutes an improper exercise of the Vice-Chancellor’s emergency powers.

Mr. Abraham asserted that he would continue to function as the university’s Standing Counsel until the Syndicate appoints a new Standing Counsel or until he voluntarily resigns.

Syndicate divided

The development triggered opposition from a section of the Syndicate members, who claimed that the appointment or removal of the Standing Counsel falls within the Syndicate’s statutory powers. They also accused the V-C of exceeding his authority by making the appointment without the Syndicate’s approval.

Mr. Abraham has served as the university’s Standing Counsel in the High Court for nearly a decade. The university’s legal representation has become a point of contention as the Syndicate and the V-C have adopted differing positions in several court cases during the last few years. Mr. Abraham had represented the Syndicate in several proceedings, including litigation arising from administrative disputes within the university.