CrackitToday App

Governor’s Powers To Appoint VCs Of State Universities

Governor’s Powers To Appoint VCs Of State Universities:

Tamil Nadu has passed two Bills proposing to take away the Governor’s powers to appoint VCs of state universities.

Highlights of the Bill:

  • The Bills stress that “every appointment of the Vice-Chancellor shall be made by the Government from out of a panel of three names” recommended by a search-cum-selection committee.
  • The Bills also seek to empower the state government to have the final word on the removal of VCs, if needed.
  • Removal will be carried out based on inquiries by a retired High Court judge or a bureaucrat who has served at least as a Chief Secretary.
  • Chief Minister MK Stalin said the Bills were required as the Governor was disregarding the state government’s opinion on the appointments of VCs.
  • The elected governments have repeatedly accused the Governors of acting at the behest of the Centre on various subjects, including education.
  • Education comes under the Concurrent List, but entry 66 of the Union List gives the Centre substantial authority over higher education.
  • Here, the University Grants Commission (UGC) plays standard-setting role, even in the case of appointments in universities and colleges.
  • According to the UGC Regulations, 2018, “Visitor/Chancellor” — mostly the Governor in states — shall appoint the VC out of the panel of names recommended by search-cum-selection committees.
  • Higher educational institutions, particularly those that get UGC funds, are mandated to follow its regulations.
  • The Supreme Court, in March 2022, quashed the appointment of Shirish Kulkarni as the Vice-Chancellor of Sardar Patel University in Gujarat.

Judgment:

  • Any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto”.
  • Every subordinate legislation of the UGC flows from the parent UGC Act, 1956. Therefore, being a subordinate legislation, UGC Regulations become part of the Act.
  • In case of any conflict between state legislation and central legislation, central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List of the Seventh Schedule of the Constitution.

Leave a Reply

Your email address will not be published.

CrackitToday App