The Supreme Court of India has granted an extension to West Bengal Governor C.V. Ananda Bose to finalize the appointment of vice-chancellors in the state's universities.
A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan allowed the extension following a request from Attorney General R. Venkataramani, who highlighted positive progress in the appointment process.
Previously, on December 9, the Apex Court was informed that the Governor had already appointed full-term vice-chancellors for six universities, with appointments for five more expected soon. Consequently, a bench of Justices Surya Kant and Manmohan had scheduled the next hearing for January 8.
In November, the Supreme Court declined to intervene in the appointment process after receiving a report that the committee led by former Justice U.U. Lalit had submitted its recommendations to West Bengal Chief Minister Mamata Banerjee.
The issue dates back to July 2024, when the Supreme Court appointed former Chief Justice of India U.U. Lalit as the chairperson of Search-cum-Selection Committees for appointing vice chancellors across state universities. This decision was made to address a standoff between the Trinamool Congress (TMC) government and the Governor, which had resulted in administrative challenges within educational institutions.
The Bench, including Justices Surya Kant and K.V. Vishwanathan, also nominated eminent educationists, scientists, jurists, subject experts, and administrators to serve on the committee.
The court invoked its special powers under Article 142 of the Constitution to ensure a resolution and issued a comprehensive order to constitute Search-cum-Selection Committees for the concerned universities.
"We resolve to constitute Search-cum-Selection Committee(s) of the same composition so as to avoid any confusion, irrespective of the fact that the relevant provision of the Statute of the concerned University may contain slight variations. Our endeavour is to infuse transparency, independence, fairness, and impartiality so as to ensure that the persons possessing the highest level of competence and integrity and are capable of leading the University by example are shortlisted," the bench said.
The bench explained that it had carefully shortlisted experts who are accomplished scientists, educationists, jurists, subject specialists, and administrators.
"We have also ensured that representatives nominated by the Chancellor, Chief Minister, UGC, State Government, Higher Education Department of West Bengal, and intervenors are adequately included," the bench stated.
The court granted the Chairperson the authority to form either separate or joint Search-cum-Selection Committees for one or more universities, considering the disciplines offered by the pooled universities.
"The Chairperson is tasked with selecting four experts from the empaneled list who are deemed capable of shortlisting candidates for the post of Vice-Chancellors. The Chairperson will preside over each Search-cum-Selection Committee, which will consist of five members in total. Each committee will prepare a panel of at least three names (listed alphabetically) for each university," the bench added.
The court instructed the Chairperson to establish these committees promptly, ideally within two weeks, and directed the committees to complete their work within three months.
The bench further outlined the procedure for approval, noting that the recommendations made by the committee, endorsed by the Chairperson, must be forwarded to the Chief Minister for consideration. If the Chief Minister finds any candidate unsuitable, detailed remarks and supporting evidence should be submitted to the Chancellor within two weeks. The Chief Minister can also prioritize the recommended names.
The Chancellor, upon receiving the Chief Minister’s recommendations, is required to appoint Vice-Chancellors from the empaneled names in the suggested order of preference. The Chancellor must give approval, except in cases of disagreement, within two weeks.
The court clarified that any disputes between the Chief Minister and the Chancellor over a candidate's suitability should be referred to the Supreme Court for a final decision. The bench emphasized that objectors would be given a reasonable opportunity to present their case before a decision is made.
The court sought a compliance status report from the state government before the next hearing.
The controversy stemmed from disagreements over the appointment of Vice-Chancellors in 35 state universities in West Bengal. A conflict between the State Government and the Governor, who serves as the Chancellor, over the composition of Search Committees has led to a stalemate.
The bench noted that the situation has worsened as neither regular Vice-Chancellors nor interim ones are in place. In the interim, the Chancellor has delegated Vice-Chancellor powers to various individuals, some of whom lack academic credentials, drawing strong objections from the State Government.
In March 2023, the Calcutta High Court's division bench, led by Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, annulled the appointment of Vice-Chancellors in 29 state-run universities. It was alleged that appointments were made without adhering to the University Grants Commission (UGC) regulations or properly constituting Search Committees.
The plea highlighted that some appointees lacked the minimum eligibility criteria, such as 10 years of experience as a professor or equivalent roles in reputed academic or research organizations, as prescribed by UGC regulations.
