West Bengal Universities' Row | Supreme Court Stays Financial Perks of Interim VCs Appointed By Governor When Matter Was Pending Before SC

Recently, the court, in an effort to break the logjam between the state government and the governor, decided to constitute a search-cum-selection committee for appointing the vice-chancellors of state-run universities. To determine the composition of the committee, the court asked for five names each from the University Grants Commission (UGC), the West Bengal government, and the governor. This development came after the state government informed the bench that neither the governor, in his ex-officio capacity as the chancellor of the state-run universities, nor the UGC had responded to any communications asking for their nominees for a search committee for the appointment of regular vice-chancellors.

On the last occasion, the bench called upon intervenors to propose names of renowned scientists, technocrats, administrators, educationists, and other eminent individuals for inclusion in a selection panel to make these appointments. Besides this, information has also been sought regarding the state-run universities in West Bengal, the subjects or disciplines taught there, the existing provisions for the appointment of members in the search committee, as well as the new provisions proposed by the West Bengal University Laws (Amendment) Bill, 2023 which is currently awaiting the assent of the governor. 

During today's hearing, the court issued notice in an interim application filed by the state government assailing the appointments made by the governor since August, and stayed additional financial perks being received by the postholders after Senior Advocate Abhishek Manu Singhvi took exception to the latest appointments. The senior counsel told the bench -

"After this court issued notice, and while the matter is pending, unfortunately, right, left, and centre, 12 appointments have been made - to Netaji Subash Open University, Maulana Abul Kalam Azad University, Burdwan University, and so on. This is not fair. The appointment order does not even mention that these appointments would be subject to the outcome of this litigation. In any matter, even without Your Lordships saying so, we hold our hands, or we take the court's permission. This cannot go on. That's the least that's expected."

"We have allowed them to continue as acting vice-chancellors, but they will not be entitled to any perks," Justice Kant clarified. The judge also clarified, at the behest of Senior Advocate Dama Sheshadri Naidu and others, that this order would be applicable only to the vice-chancellors appointed by Governor Bose during the pendency of the plea, and not to the original appointments that form the subject matter of the challenge. 

Naidu also alleged that a 'pathetic position' has been created in public higher education in the state because of the government's non-cooperation. "Officials are being transferred behind vice-chancellors' backs and they have been instructed not to cooperate. No funds are being released. We could not issue certificates, let alone conduct examinations. It is a pathetic position."

In turn, Senior Advocate Jaideep Gupta pinned the blame for the deadlock on Raj Bhavan, pointing to a letter purportedly sent by the government to Governor Bose to fix a meeting to resolve the ongoing dispute, which allegedly went unanswered. There's no cooperation, Gupta told the bench, in response to its suggestion for the vice-chancellor candidates that both the state government and the governor found suitable to be appointed promptly.

The bench expressed its disapproval over the feud, with Justice Kant remarking that a degree of maturity and understanding was expected from both sides, especially in view of what was at stake -

"We were expecting understanding and maturity from both sides since this is a question of educational institutions and the future careers of lakhs of students. West Bengal has been a hub of quality education right from the time of Shantiniketan. We thought those standards, values, and mores would be observed by both sides and that they would help us solve this amicably."

"Please convey to the chancellor Mr Naidu," Justice Kant said after Gupta complained about the governor's lack of response to the government's letter, "Our request to fix a date and time that will be convenient for the chief minister, and invite her for a cup of coffee; so that these things can be discussed." The judge added, "There are differences of opinion between constitutional functionaries. Do you not think that on the judicial side, we sometimes disagree with each other? But that does not mean we stop meeting. Please convey this."

Whatever that is happening is very unfortunate, Justice Datta added. He also questioned Governor Bose withholding his assent to the West Bengal University Laws (Amendment) Bill, 2023 which, inter alia, proposes to replace the governor with the chief minister as the chancellor of state-run universities. The judge said, "The legislature has done something, and then, it has gone to the [governor]. He has a duty. There is no time limit mentioned in the Constitution but that does not mean you do not make an order."

Naidu replied, "In fact, the stand has been indicated by the Calcutta High Court and put to Your Lordships. Barring that one, I will be communicating if there is any thawing of relations."

Finally, while granting liberty to supplement the recommendations for the proposed search-cum-selection panel, the bench directed the hearing to be posted on October 31-

"We'll not hear anything on that day. We'll pronounce an order. But, in the meantime, if you are able to resolve this, then [we will not intervene]. Courts are normally reluctant to interfere in these issues because these are administrative decisions and involve the discharge of constitutional functions. Courts should not unnecessarily [interfere] unless we are called for. We are still hopeful and confident that they will be able to resolve this."

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

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