The appointment controversy between West Bengal and the Chancellor regarding Vice-Chancellors has become a significant legal battle. The Supreme Court of India has intervened to address the dispute and ensure proper governance in higher education institutions. Stay informed about the latest updates on this crucial matter.
Facts
- Search- cum-Selection Committees to be constituted for Universities within two weeks
- State Government sent a list of 15 names for Vice-Chancellor appointments on 17.05.2024
- Advertisements to give four weeks for applications submission
- Applications to be scrutinized by State Government department within a week
- Honorarium of Rs. 3 lakhs per effective day for the Chairperson of the Search Committee
- 6 out of 15 recommended by State Government to be appointed as Vice-Chancellors
- Advertisements to specify qualifications and eligibility conditions as per Court’s order
- Official vehicle and necessary facilities to be provided to the Chairperson
- Members of Search-cum-Selection Committee to receive prescribed allowances, perks, and facilities
- Panel of at least 3 names to be prepared for each University by Search-cum-Selection Committee
- Reimbursement of expenses to Committee members by State Government
- Chairperson to be provided with suitable office, secretarial assistance, and transit accommodation in Kolkata
- 24 Vice-Chancellors appointed by West Bengal in 2022 challenged in High Court
- Direction to appoint 8 names within 10 days
- Department of Higher Education, West Bengal nominated as nodal department for issuing advertisements for Vice-Chancellor posts
- The State of West Bengal made amendments to the State Universities Act in line with UGC’s Regulations, 2018.
- Instead of following the statutory procedure, the Minister proposed extending the tenure of 27 Vice-Chancellors.
- The Chancellor appointed ‘Interim Vice-Chancellors’, consisting of 28 professors.
- Appointments of these interim Vice-Chancellors were challenged in a PIL by Original Name.
- High Court dismissed the challenge and granted benefits to the interim Vice-Chancellors.
- This grant of benefits was stayed by the Division Bench.
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Arguments
- Learned Senior Counsel for the State of West Bengal and counsel for the Chancellor suggest constituting the Search Committee by the Court.
- The suggestion is made pending multiple controversies.
- The Search Committee may be constituted by the Court as per the suggestion.
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Analysis
- Root cause of stalemate in appointment of regular Vice-Chancellors is disagreement between State Government and the Governor of West Bengal, who is also the Chancellor of subject Universities.
- No consensus on constitution and composition of Search Committees for shortlisting Vice-Chancellor candidates.
- Appointment of Vice-Chancellors is major point of controversy.
- Disapproval of Chancellor’s action of appointing interim Vice-Chancellors without consulting State Government.
- Appointment of interim Vice-Chancellors was stayed as a result.
- Powers of Vice-Chancellors were assigned to individuals, including non-academicians, by the Chancellor.
- Chief Minister suggested sending names of eminent persons for Vice-Chancellor vacancies, but West Bengal strongly protested.
- Lack of regular, interim, or ad-hoc Vice-Chancellors causing chaos and deepening the crisis.
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Decision
- Vacancy in the office of Vice-Chancellor to be filled within six months of occurrence
- Search-cum-Selection Committees to be constituted with same composition for all universities
- Final decision to be taken after hearing objectors
- State of West Bengal to file Status Report before the next date of hearing
- Chancellor to approve within two weeks of receipt from Chief Minister, except in case of difference of opinion
- Disagreements on panel names to be decided by the Court
- Recommendations by Committees to be endorsed by Chairperson and presented to Chief Minister for consideration
- Unsuitable shortlisted person issues to be brought to Chancellor by Chief Minister
- Chancellor to appoint Vice-Chancellors from empaneled names in order recommended by Chief Minister
- Department of Higher Education to notify appointment within one week of Chancellor’s approval
Case Title: THE STATE OF WEST BENGAL Vs. DR. SANAT KUMAR GHOSH (2024 INSC 469)
Case Number: SLP(C) No.-017403 – 2023
