Supreme Court Steps In: Search Committee Formed for West Bengal University Vice-Chancellors

Supreme Court Law Insider

LI Network

Published on: 30 September 2023 at 18:04 IST

The Supreme Court has initiated a search for prominent individuals, spanning scientists, technocrats, administrators, educationists, and jurists, to establish a search committee responsible for shortlisting and appointing vice-chancellors in 13 state-run universities in West Bengal.

This development comes in light of an ongoing dispute between the state government and the West Bengal governor’s office concerning the appointment of vice-chancellors.

On September 15, the Supreme Court decided to establish a search committee to oversee the selection of vice-chancellors, considering the contentious nature of the issue.

The court requested independent recommendations from the governor, the state government, and the University Grants Commission (UGC), each suggesting three to five names.

Subsequently, the court will nominate some of these individuals to serve on the search committee.

A bench consisting of Justices Surya Kant and Dipankar Datta addressed the matter on September 27, noting that the involved parties had agreed to provide detailed information about the universities, the subjects taught, existing appointment provisions for Search Committee members, and any new provisions proposed in pending legislation awaiting the governor’s approval.

The bench also granted intervenors and others the liberty to propose the names of distinguished scientists, technocrats, administrators, educationists, jurists, or other eminent figures for consideration as potential members of the Search Committee.

The court instructed all parties to complete the submission of details and names by Wednesday, scheduling a hearing for the state government’s plea on October 6.

The Supreme Court’s involvement in this matter stemmed from the West Bengal government’s appeal against the Calcutta High Court’s June 28 ruling, which upheld the legality of the governor’s orders appointing interim vice-chancellors in 11 state-run universities, as he serves as the ex-officio chancellor of these institutions.

A contentious dispute between the Mamata Banerjee-led government and Governor C V Ananda Bose has emerged over the governance and administration of the state’s universities.

The Supreme Court acknowledged that the state government’s bill regarding the appointment of vice-chancellors was awaiting the governor’s approval. Consequently, the court decided to establish its own search committee to select vice-chancellors.

Advocate Subhasish Bhowmick, representing the governor’s office, noted that the court had directed the governor, the state government, and the University Grants Commission to submit three to five names for the bench’s consideration by September 25.

Previously, the high court had affirmed that the chancellor possessed the authority to appoint vice-chancellors in accordance with relevant statutes.

Sanat Kumar Ghosh, a petitioner in the case, argued that the appointments of vice-chancellors to state-run universities were illegal, as the higher education department had not been consulted by Governor Bose prior to these appointments.

The petitioner asserted that the chancellor, contrary to the proposal presented by the higher education minister, had made a series of vice-chancellor appointments without consulting him.

The high court contended that, as the final decision rested with the governor, who is the appointing authority for vice-chancellors, the manner and method of consultation should be left to his discretion, and the consultee could not dictate the terms of consultation to the chancellor. Among the universities affected by the appointment of interim vice-chancellors on June 1 were the University of Calcutta, University of Kalyani, and Jadavpur University.

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