The main legal point established in the judgment is the requirement for adequate representation of SC/STs, women, and minorities in the appointment of Vice Chancellors and University authorities.

JUDGMENT :

S. MANIKUMAR, J.

1. Instant writ petition has been filed, to direct the respondents, to consider and dispose of the petitioner’s representation, dated 13/3/2017, on merits, for ensuring adequate representation to SC/STs, women and Minorities, in the appointment/nomination of Vice Chancellors and Governing Council, Board of Management, Syndicate and Senate Committees.

2. Petitioner is a former M.P (Lok Sabha) and Member of Tamil Nadu Legislative Assembly. In Tamil Nadu, there are 21 State Universities, providing higher education, in accordance to Union Government Higher Education Policy and Guidelines of the Ministry of Human Resources, UGC and Tamil Nadu State Government Higher Education Department. Vice Chancellors for the State run Universities are appointed by the Chancellor-cum-Governor of Tamil Nadu as recommended by the Higher Education Department through a Search Committee Report. For the past three years and above, there are nine vacancies of Vice Chancellor’s post, 8 vacancies of regular Registrar post, and 10 vacancies of regular Controller of Examination posts unfilled, for untold reasons. It is like only human body without head and also heart and shoulder.

3. Because of the long pending vacancies of Vice Chancellor’s post, regular Registrar and Controller of Examination posts, in many Universities, no convocation functions were held for the past three years and Under Graduate and Post Graduate passed out students academically cannot proceed for further studies in India and abroad and seek for employment opportunities. In appointing Vice Chancellors to the State run Universities, no adequate representation is given to SC/STs, women and minorities, according to the Constitutional provisions and population in Tamil Nadu. According to the population, there must be 5 Vice Chancellors from SC/ST community, 7 women Vice Chancellors and 5 Vice Chancellors from different minority communities, but the fact is very painful.

4. There is no prescribed limitation in numbers and criteria for appointment of members, for the Governing Council, Board of Management, Syndicate and Senate Committee of these State run 21 Universities. As and when required, these members are appointed, according to their wish and will of the appointing authorities without following any norms of educational qualifications, social and economical status.

5. There is immediate need in filling up of the nine vacancies of the Vice Chancellors post. There must be adequate representation to SC/ST, women and minorities, in appointment of Vice Chancellors with adequate representation to SC/STs, in the Governing Council, Board of Management, Syndicate and Senate Committees of all the Universities. Hence, petitioner made a representation, dated 11/3/2017, to the respondents. Since the representation has not been disposed of, petitioner has come forward with the present writ petition, praying for the relief as stated therein.

6. Learned counsel for the petitioner submitted that very recently, Vice Chancellors for two Universities were appointed and there is no response from the government for providing adequate representation to SC/STs, women and Minorities, in appointment/nomination of Vice Chancellors and Governing Council, Board of Management, Syndicate and Senate Committees of all the 21 State run Universities.

7. Even though many competitive candidates are available from these categories, not even a minimum representation is given to these categories, in appointment of Vice Chancellors and in the constitution of Governing Council, Board of Management, Syndicate and Senate Committees of all Universities, SC/STs, Women and Minorities are wantonly and wilfully ignored by the Government of Tamil Nadu.

8. In the table below, the petitioner has presented the status of Governing Council, Board of Management, Syndicate and Senate Committees in some of the State ru