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

The Supreme Court on Friday(October 6) stayed the additional financial emoluments of the interim vice-chancellors appointed to state-run universities by West Bengal Governor CV Anand Bose during the pendency of a plea by the state government challenging earlier appointments made by him. Noting the increasing friction between the Mamata Banerjee-led government and Governor Bose over the issue of the vice-chancellor appointments, the court also stressed the need for reconciliation "in the interest of educational institutions and the future careers of lakhs of students".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 Bose in 13 state-run universities. 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...

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

Awstika Das

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