PILs filed before Calcutta High Court alleging State attempting to "dominate" Vice-Chancellor selection in Universities

The Calcutta High Court on Monday sought the response of the State on petitions challenging the West Bengal University Laws (Amendment) Ordinance, 2023 [Anupam Bera v. Union of India and ors.; Pulak Narayan Dhar Vs. The Union of India & ors.]. .The petitioners moved the Court assailing the ordinance on the ground that the State government was attempting to illegally dominate the search-cum-selection committees tasked with recommending the appointment of vice-chancellors to various State universities..The bench of Chief Justice TS Sivagnanam and Justice Ajay Kumar Gupta noted the question before the Court was: Whether a nominee of the Chief Minister and the State Higher Education Council is required to be included,whether such inclusion would be ultra vires to the Constitution, and whether it will it lead to governmental domination of the education process in the process of selecting of Vice-Chancellors. .The Court today declined to stay the ordinance, after noting that no committees have been constituted yet under the ordinance. However, the petitioners were given liberty to mention the matter for appropriate interim relief if any such committee is constituted while the matter is pending. .Notice was accepted today on behalf of the State government, the Union government and the University Grants Commission (UGC). The matter will be heard next on July 31. .The Court was dealing with two public interest litigation (PIL) petitions challenging the ordinance.Earlier, the search committees provided for by the various Acts regulating State universities was a 3-member committee comprising one State nominee, one nominee of the State's Governor and one nominee being an academician not below the rank of professor, the Court was told.However, the 2023 ordinance proposed a 5-member committee. In addition to the 3 members already provided for under the earlier laws, the ordinance called for the inclusion of 2 more State nominees, namely, those of the State's Chief Minister and the chairman of the West Bengal State Council of Higher EducationThe petitioners contended that the ordinance has proposed the inclusion of an overwhelming number of State government nominees in the committee. They asserted that such a state of affairs runs contrary to Supreme Court rulings which called for there to be least interference by governments when it comes to the appointment of teaching staff in schools, colleges and universities in India.Reference was also made to Supreme Court rulings that emphasised that the State should adopt a resolution passed by the UGC to amend State laws and minimise the scope of arbitrariness, nepotism and favouritism when it came to the appointment of vice-chancellors in State Universities.Further, the petitioners also relied on the Supreme Court's Constitution bench ruling in TMA Pai Foundation v. State of Karnataka (2002), which highlighted that governmental domination of educational institutions must be resisted and that "State-aid" was not to be confused with "State-control" over academic policies and practices..They also raised concern that by heavily loading the search committees with State government nominees, the powers of the University's Chancellor (the Governor of the State) has been diluted. The Governor, who has the power to appoint the vice-chancellors as per UGC regulations, is being reduced to a signing authority, the Court was told. .Appearing for the Central government, the Additional Solicitor General submitted today that the ordinance ought to have been placed before the President of India for approval since the subjects dealt by it fell under the concurrent list of schedule VII of the Constitution..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.