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D. Y. CHANDRACHUD, HIMA KOHLI
State of West Bengal – Appellant
Versus
Anindya Sundar Das – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, J.
1. By its judgment dated 13 September 2022, a Division Bench of the High Court at Calcutta allowed a petition under Article 226 of the Constitution seeking a writ of quo warranto against the Vice-Chancellor1 [VC] of Calcutta University. The High Court held that the State government had no authority to appoint or re-appoint the VC under Section 8 of the Calcutta University Act 19792 [the Act] or by taking recourse to the residuary provisions of Section 60 of the Act. As a consequence, the order issued by the Special Secretary to the Government of West Bengal on 27 August 2021 re-appointing the incumbent VC of Calcutta University was set aside. The High Court has held that the VC had no authority to hold that office on the basis of the order of appointment. Both the State of West Bengal and Dr Sonali Chakravarti Banerjee, the VC whose appointment has been set aside, are in appeal.
2. By a notification dated 28 August 2017, the Chancellor of Calcutta University appointed Professor Dr. Sonali Chakravarti Banerjee as the VC of Calcutta University. The notification was in exercise of the powers conferred by Section 8(1)(a) read with Section 8(2)(a) o
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....
(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 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.
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....
eligibility contained under Section 10(10) of the Act 1996 in the matter of making reappointment by referring to various legal dictionaries.
Reappointment of Vice Chancellor without fresh selection is valid unless specified; initial appointment void for UGC non-compliance.
There is no legal right for an appointee to continue for a fixed period.
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