The main legal point established in the judgment is that the State had the authority to pass appropriate directions under Section 19 of the West Bengal Universities and Colleges (Administration and Regulation) Act, 2017, relating to the appointment or re-appointment of a Vice-Chancellor of the University.

JUDGMENT

Kausik Chanda, J. - Since the relevant facts of this case are not disputed by the parties, this petition is disposed of without inviting affidavits from the respondents.

2. The petitioner was appointed the Vice-Chancellor of Maulana Abul Kalam Azad University of Technology (in short, 'the said University') for a period of four years by an order dated February 21, 2017, issued by the Principal Secretary, Department of Higher Education, Science & Technology and Biotechnology and also by the Secretary to the Chancellor of the said University.

3. Thereafter by an order dated February 26, 2021, the Principal Secretary, Higher Education Department, University Branch, re-appointed the petitioner as the Vice-Chancellor of the said University for a further period of four years with effect from February 27, 2021, or till he attained the age of 65 years whichever was earlier.

4. The factual backdrop in which the petitioner was re-appointed is somewhat peculiar. To appreciate the facts preceding the re-appointment of the petitioner as the Vice-Chancellor, the said order dated February 26, 2021, is reproduced below:

'GOVERNMENT OF WEST BENGAL HIGHER EDUCATION DEPARTMENT

(UNIVERSITY BRANCH)

BIKASH BHABAN, SALT LAKE KOLKATA-700091

No. 389-Edn (U)/TU-05/2004 (Pt-I) Date: 26.02.2021

NOTIFICATION

Whereas, the tenure of Prof. Saikat Maitra, existing Vice Chancellor of the Maulana Abul Kalam Azad University of Technology, West Bengal is going to expire on 26.02.2021 afternoon on being completing four years term, and Whereas, the State Government has constituted a Search Committee for appointment of regular Vice Chancellor of the University in terms of rules 9 (1) (c) appended to the Maulana Abul Kalam Azad University of Technology, West Bengal Act, 2000 vide this Department's Notification No. 900-Edn (U) dated 10.10.2020, and Whereas, it is considered expedient that the office of the Vice Chancellor being the highest administrative and academic office of the University cannot be left vacant after expiry of the term of present Vice Chancellor, and Whereas, the Department's above noted proposal has been placed before the Hon'ble Chancellor of the University twice for approval in terms of rule 9 of the West Bengal State Universities (Terms and Conditions of Service of the Vice Chancellors & the Manner and Procedure of Official Communication) Rules, 2019, but the said proposal has not yet been approved by Hon'ble Chancellor till date, and Whereas, the constituting Act of the University is silent in regard to the best action to be taken in such situation and thus there is no other option but to invoke the provisions of section 30 of the said Act in view of removing the present difficulty arises due to non approval of the Department's proposal by the Hon'ble Chancellor, and Therefore, in view of the above and in exercise of the powers conferred by section 30 of the Maulana Abul Kalam Azad University of Technology, West Bengal Act, 2000, and in terms of the provisions of rule 9 (5) (b) appended to the Schedule of the said Act, the Governor is hereby pleased to re-appoint Prof. Saikat Maitra, the existing Vice Chancellor of the University as the Vice Chancellor of the Maulana Abul Kalam Azad University of Technology, West Bengal for a period of four years w.e.f 27.02.2021 forenoon, or till he attain the age of sixty-five years, or until further order, whichever is earlier.

Sd/- Principal Secretary

No.389/1(7)-Edn (U)/TU-05/2004 (Pt-I) Date: 26.02.2021 Copy forwarded for information and/or for taking necessary action to:-

1. The Vice Chairman (Academic), WBSCHE, 147-A, Rashbehari Avenue, Kolkata-700029,

2. The Vice Chancellor, Maulana Abul Kalam Azad University of Technology, Wes Bengal, NH-12, Simhat, Haringhata, Nadia, PIN-741249,

3. The Registrar, Maulana Abul Kalam Azad University of Technology, Wes Bengal, NH-12, Simhat, Haringhata, Nadia, PIN-741249,

4. Special Secretary (University), H. E. Department, Bikash Bhaban, Salt Lake, Kolkata-700091,

5. PS to HMIC