Reappointment Of Calcutta University Vice Chancellor Without Governor's Approval Challenged, High Court Seeks State's Response

The Calcutta High Court on Monday sought the State government's response in a Public Interest Litigation (PIL) challenging the reappointment of the Vice-Chancellor of the University of Calcutta Sonali Chakravarty Banerjee on the ground that such reappointment had been done in contravention of existing rules. 

The plea filed by practising advocate of the High Court Anindya Sundar Das contended that the Vice-Chancellor had been reappointed to the post in August 2021 by the Principal Secretary of the State's Higher Education Department in violation of the provisions of the Calcutta University Act, 1979. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj was apprised by advocate Billwadal Bhattacharya representing the petitioner that vide notification dated August 27, 2021 the Vice-Chancellor had been reappointed to the post with effect from August 28, 2021 for a period of 4 years or till she attains 70 years whichever is earlier. The Bench was further informed that this notification has been issued by State Government and signed by the Special Secretary to the Government. 

It was further argued by the petitioner that the Governor of West Bengal, as the ex-officio chancellor, has the authority of appointing the Vice-Chancellor of the state-run university pursuant to Section 8(1)(b) of the Calcutta University Act, 1979. Furthermore, it was contended that bypassing such a statutory provision, the State or its Secretary could not have issued the notification for re- appointment of the Vice Chancellor for a period of 4 years.

Directing the State government to file a response within 4 weeks, the Bench observed, 

"Learned Advocate General appearing for the State as also respondent Nos.2, 3 and 4 are granted four weeks time to file their affidavits-in-opposition. Thereafter, affidavit-in-reply may be filed by the petitioner within one week."

The counsel for the petitioner further stated that the Chancellor, during consultations over appointing a new Vice-Chancellor, had given the incumbent an extension of three months in 2021. He claimed that the state government's Higher Education Department, however, gave Banerjee reappointment for a term of four years, in contravention of rules. Vice-Chancellor Sonali Chakravarty Banerjee had been appointed to the post in 2017 by the then Chancellor for a term of four years. 

The matter is slated to be heard next on March 22. 

Case Title: Anindya Sundar Das v. The State of West Bengal and others

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