SC issues notice to Centre, others on TN govt’s plea against HC stay on VCs’ appointment
The Supreme Court has issued notices to the Centre, Tamil Nadu Governor’s office and others on the Tamil Nadu Government’s petition challenging a Madras High Court order staying the legislative amendments that took away the Governor’s power to appoint Vice-Chancellors of state-run universities.
A Bench of Justice PS Narasimha and Justice R Mahadevan also issued a notice to the University Grants Commission (UGC) on the Tamil Nadu Government’s petition against the May 21 interim order passed by a Vacation Bench of the high court.
While refusing to stay the high court order, the Bench agreed to examine the issue after the respondents filed their replies.
The law stayed by the high court was originally among the bills that were given deemed assent by the Supreme Court in the Tamil Nadu government vs the Tamil Nadu Governor case.
The high court’s order had come on a PIL filed by a lawyer challenging the constitutional validity of the amendments. The petitioner argued that the laws violated UGC regulations, which are central and mandate that the appointment of VCs must be made by the chancellor, the governor of the state.
On behalf of the Tamil Nadu Government, senior advocate AM Singhvi submitted that the stay went against the Supreme Court’s April 8 ruling that the bills in question had received ‘deemed assent’ from Governor RN Ravi under Article 200 of the Constitution. After the top court’s ruling, nine Acts were formally notified by the Tamil Nadu Government, he said.
Solicitor General Tushar Mehta contended that the state laws were inconsistent with the UGC Regulations, 2018 and, therefore, invalid being repugnancy with central law.
The laws transferring the authority to appoint Vice-Chancellors in state universities from the Governor to the state government included amendments to the governing laws of several universities such as the Tamil Nadu Agricultural University, Dr MGR Medical University, Tamil Nadu Fisheries University and Dr Ambedkar Law University, among others.
India