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.
