WB govt vs governor: SC expresses discontent over interim VC appointment

The Supreme Court has stated that the interim VCs will not be entitled to any perks and has restrained the governor from making further appointments in universities. The court has also expressed its discontent at the governor for the appointment of interim VCs writes ETV Bharat's Sumit Saxena

New Delhi:The Supreme Court on Friday expressed its discontent with governor CV Ananda Bose, who is also the chancellor of the universities over appointment of interim vice-chancellors (VCs) in West Bengal universities despite the top court considering the matter. Also, it has restrained the governor from making any further appointments.

A bench comprising justices Surya Kant and Dipankar Dutta issued notice on an application filed by the state government and sought chancellor's response, while directing that the pay and allowances of the interim VCs will not be that of the permanent VCs and they would not be entitled to any perks.

The bench also asked why the chancellor, being a constitutional authority, could not sit with the state or the chief minister, who is another constitutional authority to settle the issue. The West Bengal government informed the bench that neither the governor nor the UGC had responded to the communications seeking nominees for a search committee for appointment of regular VCs.

During the hearing, senior advocate A M Singhvi along with advocate Astha Sharma, representing the West Bengal government, submitted that even after the court issued notice, and the matter has been pending, several appointments were made to the universities, which is unfair.

The top court asked all parties to resubmit nominees for constituting the search and selection committee. On the state government’s request to add nominees of chief minister and West Bengal State Council for Higher Education, the bench said, “we’ll see how to constitute the said committee on the basis of the laws”.

The top court asked the parties to maintain trust and see if one of the nominees is court appointed who can be made the chairperson. The bench directed the pleadings to be completed within a week and scheduled the next hearing on October 31.

Last month, the Supreme Court had sought names of renowned scientists, technocrats, administrators, educationists, jurists or eminent personalities as nominees in search committee for shortlisting and appointing VCs in 13 state-run universities of Bengal.

A bench comprising justices Surya Kant and Dipankar Datta, in an order passed on September 15, stated that it is agreed that the chancellor, the state of West Bengal, and the University Grants Commission will submit separate panels of experts comprising three to five names for the purpose of constitution of a search committee.

“It may be mentioned that learned Senior Counsel for the State of West Bengal as well as learned counsel representing the learned Chancellor have fairly suggested that pending multiple controversies, the search committee may be constituted by this court. The above-mentioned separate panels of experts have been sought with a view to enable this court to consider the desirability of constitution of the Search Committee”, said the bench scheduling the matter for further hearing on September 27.

On September 27, the bench noted that counsel for the parties have agreed to submit a tabulated chart giving details of the universities, the description of the subjects/disciples which are being taught, the existing provisions for appointment of members in the search committee and/or the new provisions which are proposed in the Bill awaiting assent of the governor.

“Learned counsel representing the intervenors etc. 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”, said the bench in an order passed on September 27. The top court has scheduled the matter for further consideration on October 6.

The apex court was hearing a plea of the West Bengal government against the Calcutta High Court order on June 28, saying that there was no illegality in the orders issued by the governor appointing interim vice-chancellors in 11 state-run universities in his capacity as ex-officio chancellor of these institutions.

Earlier, the high court had held that the chancellor has the power to appoint vice-chancellors as laid down in relevant enactments. Petitioner Sanat Kumar Ghosh, who moved the high court, and the West Bengal government claimed the orders appointing vice-chancellors to state-run universities were illegal as the higher education department was not consulted by the governor before making such appointments.