Supreme Court Intervenes in West Bengal’s Vice-Chancellor Appointments Dispute

Thank you for reading this post, don't forget to subscribe!

The Supreme Court has directed the West Bengal state government to furnish a detailed list of all universities in the state, specifying the disciplines taught at each institution. This initiative is to aid the court’s search-cum-select committee in enlisting eminent experts for the Vice-Chancellors’ selection.

The bench, comprising Justices Surya Kant and Dipankar Datta, during the hearing, also extended an invitation for additional suggestions on potential names to be incorporated into the committee. The court stated,

“Besides the names from the panels submitted by the UGC, the state government and the Chancellor (governor), if the counsels think of names that can be included in the committee, then the same can be submitted by October 4.”

The bench further emphasized,

“[They] shall be at liberty to suggest the names of renowned scientists, technocrats, administrators, educationists, jurists or any other eminent personality for the purpose of nomination to the search committee.”

The ongoing dispute is centered around the legitimacy of interim vice-chancellor appointments made by West Bengal Governor CV Anand Bose for state universities. In the backdrop of a ruling by the Calcutta High Court in the Anupam Bera case last year, 27 vacancies arose either through resignations or the end of tenures. To align with the High Court’s directive, the West Bengal University Laws (Amendment) Ordinance 2023 was enacted. However, tensions flared when Governor Bose approved only two candidates from a list of 27 proposed by the state’s higher education department and unilaterally appointed 13 vice-chancellors, allegedly bypassing consultation with the state government.

This unilateral move by the governor led to a legal challenge. The state government responded by withholding the salaries of the 13 appointees, asserting they hadn’t been officially recruited by the education department. However, the Calcutta High Court upheld the validity of these interim appointments and remarked that the former professor had

“failed to demonstrate any public interest in his public interest litigation (PIL), raising concerns that he was being used as a ‘tool’ by the state government to indirectly challenge the governor’s orders.”

Adding to the ongoing discord, the West Bengal legislative assembly passed the West Bengal University Laws (Amendment) Bill, 2023. This bill not only proposes to replace the governor with the chief minister as the chancellor of state-run universities but also outlines the reconstitution of the search committee for vice-chancellors. Governor Bose has yet to assent to this bill.

Amid this standoff between the state government and Raj Bhavan, Governor Bose made additional interim vice-chancellor appointments for several other state universities. This move, reportedly executed without consulting the state government, drew sharp criticism from the ruling Trinamool Congress Party. The court, while addressing the matter, stated,

“We are not going to be dictated by anybody. It will be a judicial decision and we will decide who will be good for the committee.”

The Supreme Court’s intervention seeks to bring clarity and resolution to this ongoing dispute, underscoring the importance of transparency and collaboration in the appointment of pivotal educational roles. The matter is slated for further deliberation on October 6.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

Similar Posts