West Bengal: Calcutta HC guidelines state govt has no energy to nominate VCs, quashes 29 appointments

Coming as an enormous blow to Mamata Banerjee-led authorities in West Bengal, the Calcutta HC on March 14, 2023, dominated that the State has no proper to nominate, re-appoint, or prolong the tenures of Vice Chancellors. Having mentioned this, the High Court additionally cancelled the appointment of Vice Chancellors in 29 state-run universities made by the TMC authorities.

Hearing a public curiosity litigation difficult amendments made to the legislation by the state govt in 2012 to 2014, a division bench comprising of Chief Judge of the Calcutta High Court Prakash Shrivastava and Justice Rajarshi Bharadwaj additional mentioned that contemplating the significance of the submit of vice-chancellor within the college, it’s important that the appointment of Vice-Chancellors must be strictly in accordance with the provisions of legislation.

The court docket mentioned that the amendments made to the West Bengal Universities Act in 2012 and 2014 by the Mamata Banerjee authorities can’t be sustained, and directed the govt. to make appropriate amendments to make them suitable with the legislation. The Court discovered that the amendments violated the established norms of VC appointments as decided in UGC laws. The court docket additionally mentioned {that a} state govt can’t make legal guidelines that violate UGC guidelines.

“This Court has taken note of the importance of the post of vice-chancellor in the university, therefore, it is essential that the appointment of the vice-chancellor should be strictly in accordance with the law. It would not be in the interest of the students and administration of the universities to continue the concerned respondents as vice chancellor of the university once it is found that they have been appointed without following the due procedure and contrary to the provisions of the Act and that too by an authority not competent to appoint,” the bench mentioned in its 46-page judgment.

“Therefore, their appointment is contrary to the provisions of the UGC Regulations, 2018. It is also undisputed that the search committee formed for the appointment of all the VCs did not have one member nominated by the Chairman, UGC, therefore, their appointments are contrary to the UGC Regulations, 2018,” the bench opined.

Significantly, the process prescribed beneath the University Grants Commission (UGC) Rules, 2018 is {that a} VC be appointed by a ‘search committee’ comprised of a consultant from the UGC, the State University, and the Governor.

The State authorities amended this method or process by altering the West Bengal Universities Law Act, which changed the mandated illustration of the UGC with that of the State authorities.

After the West Bengal authorities led by Mamata Banerjee arbitrarily made these amendments, it continued to nominate and re-appoint vice-chancellors at state-run universities. In some instances, the tenure of sure VCs was additionally elevated.

Notably, within the case of State of West Bengal vs Anindya Sundar Das, the Supreme Court dominated final yr that the place the chancellor (Governor) has the authority to pick out or reappoint the vice-chancellor, the State authorities can’t usurp that authority by altering the statute.

Citing this order, the Calcutta High Court on Tuesday said that because the energy to nominate, reappoint and extension of tenure has been delegated to the Governor, the state authorities can’t take over the powers primarily based on the amendments.

The court docket additionally famous that in among the Vice Chancellors within the 29 universities had been appointed by the Governor, nevertheless, their tenures have been prolonged by the state authorities by surpassing the Governor.

“Hence, the orders extending their tenure as vice chancellor passed by the State government cannot be sustained. When the State has no power to appoint or reappoint the vice-chancellor, the State cannot appoint a vice-chancellor by giving the additional charge, therefore orders passed by the State government giving additional charge of vice-chancellor are also bad in law,” learn the order handed by the High Court.

Jagdeep Dhankar alleges West Bengal govt appointed a number of VCs to universities with out Raj Bhavan’s consent

It is pertinent to notice right here that final yr, the then Governor of West Bengal, Jagdeep Dhankar, had raised considerations over the style wherein the VCs have been being appointed within the State. He had alleged that the state authorities had appointed a number of Vice-Chancellors to universities with out Raj Bhavan’s consent. Dhankhar had written on Twitter that vice-chancellors of 25 universities within the state have been appointed illegally with out his approval.

On this problem, Dhankhar had brazenly referred to as out CM Mamata Banerjee and Education Minister Bratya Basu looking for a response from them over their directive. He additionally referred to as out the re-appointment of Sonali Chakravarti because the VC a ‘classic case of patronage’.

Following the allegation, Mamata Banerjee’s cabinet introduced that the Chief Minister would take over as chancellor of all state-run universities. This meant that Banerjee would substitute Jagdeep Dhankhar, who was the then Governor of the state and had the duty of serving because the chancellor of state-run universities in Bengal.