West Bengal Universities' Row | Supreme Court Seeks Attorney General's Intervention For Resolution Of Deadlock Between Governor & Govt

A bench of Justices Surya Kant and Dipankar Datta was hearing a special leave petition by the West Bengal Government challenging a June 28 judgment of the Calcutta High Court upholding the interim vice-chancellor appointments made by Governor (in his capacity as the Chancellor of the Universities) in 13 state-run universities.

The dispute traces back to a June 28 judgment by the Calcutta High Court, which upheld the interim vice-chancellor appointments made by the Chancellor (Governor) in 13 state-run universities. The Supreme Court, recognising the escalating tension between the State Government and the Governor, emphasised the importance of reconciliation for the benefit of educational institutions and students' future careers.

Efforts to break the deadlock led the court to constitute a search-cum-selection committee for appointing vice-chancellors. However, the court faced challenges in forming the committee as neither the Governor nor the University Grants Commission (UGC) responded with nominees, as alleged by the state government. The court sought five names each from the UGC, the West Bengal Government, and the Governor to determine the committee's composition. During a subsequent hearing, the court also called upon intervenors to propose names of renowned scientists, technocrats, administrators, educationists, and other eminent individuals.

On the last occasion, the court issued notice in response to an interim application filed by the state government challenging appointments made by Governor Bose since August. The court, taking note of the ongoing appointments, stayed the additional financial emoluments of interim vice-chancellors appointed by Governor Bose during the pendency of this plea. Once again, it stressed the importance of dialogue and cooperation to resolve the impasse.

In the latest order on December 1, the court directed the chancellor to share suggested names for the search committee with stakeholders, encouraging an amicable mode of appointment –

“Learned Attorney General and Mr Dama Seshadri Naidu, senior counsel have appeared on behalf of the Chancellor. The learned attorney general assures that the names to be suggested by the Chancellor for constituting the search committees will be shared with the learned senior counsels for the petitioners or intervenors so as to submit a consolidated list in terms of the order dated November 20 passed by this court. Let the needful be done at the earliest and the consolidated list may be submitted within a week.”

The court also recorded Attorney General R Venkataramani's assurance that he would take the initiative to organise a joint meeting of all stakeholders to work towards an “amicable mode of appointment” of vice-chancellors of various universities in conformity with the law. During the hearing, the Court repeatedly called for collaboration and amicable settlement of the dispute between the state government and the governor. In its order, it observed –

“Meanwhile, we have impressed upon learned attorney general to use his good offices for an amicable mode of appointment of vice-chancellors of various universities, which of course, must be in conformity with the statutes governing such appointments. This can possibly be done by holding a joint meeting of all the stakeholders. Learned attorney general assures to take the initiative in this regard.”

The court is set to hear the matter again on December 12.

Background

The dispute revolves around whether West Bengal Governor CV Anand Bose's appointments of interim vice-chancellors for state universities are legally valid.

Last year, 27 vacancies arose through resignation or expiration of tenure after the Calcutta High Court in Anupam Bera ruled that the 2018 University Grants Commission (UGC) Regulations would prevail over conflicting provisions in the state university acts. 24 of these appointments had been made by the Mamata Banerjee-led government on the strength of the West Bengal University Laws Amendment Acts of 2012 and 2014.

To comply with the high court's ruling, the West Bengal University Laws (Amendment) Ordinance 2023 was enacted to align the university laws with the UGC Regulations. Bratya Basu, the minister-in-charge of the higher education department, also proposed a list of 27 interim vice-chancellor candidates to the governor to fill the vacancies. However, Governor Bose in June approved only two candidates from the list and unilaterally appointed 13 vice-chancellors allegedly without consulting the state government. In response, the state government withheld their salaries alleging that the 13 senior professors appointed to the position had not been recruited by the education department. Not only this, the 13 appointments also prompted the current legal challenge.

Arguing that the 13 appointments were arbitrary and non-transparent, a retired professor approached the Calcutta High Court seeking a writ of quo warranto, seeking to annul them. A bench led by Chief Justice TS Sivagnanam, however, dismissed the plea and upheld the validity of the interim vice-chancellor appointments, clarifying that these appointees would receive their previous salaries with additional allowances for the temporary role. The court also observed that the former professor had also 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.

In August, the West Bengal government challenged the high court's ruling in a special leave petition. Around the same time, the state assembly, amid opposition by the Bharatiya Janata Party, also passed the West Bengal University Laws (Amendment) Bill, 2023. Besides proposing to replace the governor with the chief minister as the chancellor of state-run universities, the bill provides for the reconstitution of the search committee for vice-chancellors. This is the second time that the West Bengal legislative assembly passed the bill, with the governor withholding his assent to the first bill passed last year. According to reports, Governor Bose has not assented to the second iteration yet.

Amid the ongoing tussle between the state government and Raj Bhavan, Governor Bose has reportedly appointed interim vice-chancellors for seven other state universities, including Presidency University, MAKAUT, and University of Burdwan, earlier this month. This move, allegedly without consulting the state government, has been severely criticised by the ruling Trinamool Congress Party. A recent circular issued by Raj Bhavan stipulating that university officers must seek the consent of vice-chancellors before executing state government orders has also come under the scanner.

Case Details

State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023

Click here to read the order