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SURYA KANT, K. V. VISWANATHAN
State of West Bengal – Appellant
Versus
Sanat Kumar Ghosh – Respondent
ORDER :
SURYA KANT, J.
There are approximately [35] state-aided Universities in the State of West Bengal. The appointment of their Vice-Chancellors is the hallmark of this controversy. It seems that the Petitioner-State of West Bengal appointed 24 Vice-Chancellors in the year 2022. These appointments, along with the West Bengal University Laws (Amendment) Act, 2012 and the West Bengal Laws (Amendment) Act, 2014, were challenged before the High Court in a Public Interest Litigation. The High Court vide judgement dated 14.03.2023 held that the Search Committee constituted by the State Government for the selection of those 24 Vice-Chancellors did not have any Member nominated by the Chairman of the University Grants Commission (UGC) and since the said Search Committee was in violation of the UGC’s Act, the appointment of 24 Vice-Chancellors was unsustainable in law. The Division Bench judgment was upheld by this Court.
2. It further seems that the State of West Bengal thereafter made certain amendments in the State Universities Act in tune with the UGC’s Regulations, 2018. However, instead of resorting to the statutorily prescribed procedure for appointment of regular Vice-Chancellors,
The court invoked Article 142 of the Constitution to ensure complete justice and passed a common order for constitution of Search-cum-Selection Committee for all the subject Universities, aiming to i....
It is trite and settled law that a writ of quo warranto can be issued in the case of appointment of like nature which is contrary to the statute.
The appointment of the Vice-Chancellor of a University must be made in accordance with the UGC Regulations, 2010, which are mandatory and binding on the State Government. A person who is connected wi....
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
The decision of the Selection Committee could only be interfered with on limited grounds, such as illegality, procedural irregularity, or proved mala-fides affecting the selection.
The court upheld that the appointment process followed statutory provisions, and the involvement of the Minister did not invalidate the appointment, establishing judicial review limits in administrat....
Appointment as Vice-Chancellor of University – Post of Vice-Chancellor of University is a very important post and most meritorious person should be appointed as Vice-Chancellor of University from and....
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