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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Anindya Sundar Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Prakash Shrivastava, J.
1. By this public interest petition, the petitioner, who is an alumnus of the respondent, Calcutta University, and is also an advocate of this Court has prayed for the writ of quo warranto, questioning the appointment of the respondent no. 4 as Vice-Chancellor of the Calcutta University. He has also prayed for a writ of mandamus to initiate fresh process for appointment of the Vice-Chancellor.
2. Sans unnecessary details, the relevant brief facts are that the respondent no. 4, Smt. Sonali Chakravarti Banerjee was appointed as Vice-Chancellor of the Calcutta University on 28th August, 2017 for a period of 4 years and her term had expired on 27th August, 2021. The Chancellor, in terms of Section 8(2)(b) of the Calcutta University Act, 1979 (for short, ‘the Act’) Act had extended the term of the Office of Vice-Chancellor for a period of 3 months with the rider that the selection process will commence and the Vice-Chancellor will be appointed by following the due process. Thereafter, the impugned notification dated 27th August, 2021 has been issued in the purported exercise of power conferred by Section 60 read with Section 8(2) of the Act under the sign
The power of reappointment of the Vice Chancellor was held to be vested with the Chancellor and not the State government, and the State government's order re-appointing the VC was held to be in viola....
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
(1) Writ of Quo warranto – Writ of quo warranto can be issued where an appointment has not been made in accordance with law – Quo warranto is directed to such person who is required to show by what a....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
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 R....
eligibility contained under Section 10(10) of the Act 1996 in the matter of making reappointment by referring to various legal dictionaries.
Point of Law : In the matter of re-appointment, the age bar prescribed under Section 10(9) for appointment of the Vice Chancellor would not come into play, because the Vice Chancellor who has appoint....
There is no legal right for an appointee to continue for a fixed period.
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