The Supreme Court explained that there are several other functions performed by the Governor under the Constitution of India where he is bound by the aid and advice of the Council of Ministers.
However, the Court pointed out that the Kannur University Act makes a clear-cut distinction between the roles played by the elected government and the Governor when it comes to the appointment of a Vice-Chancellor.
The Court proceeded to rule that while performing the function of the University Chancellor, the Governor acts “only in his personal capacity“, which is different from his role as the titular head of a State.
“The powers and duties exercised and performed by him under a statute related to the University, as its Chancellor, have absolutely no relation to the exercise and performance of the powers and duties by him while he holds office as the Governor of the State.”
In other words, the Chancellor is not bound by the advice of Ministers when it comes to appointing the Vice-Chancellor of Kannur University, the Court said.
Source: Barandbench
