Tamil Nadu CM is willfully politicising appointments
While addressing a meeting of Vice Chancellors of state-run
universities, Tamil Nadu Chief Minister MK Stalin spoke of a Bill passed by the state Assembly which empowers the
government to appoint them. Stalin said that the Bill empowers the state government to appoint the Vice-Chancellors. He said that it is the right of the state government to appoint Vice-Chancellors. “This is an issue related to the state government’s right; it is the right of the government elected by the people; it is related to education rights of state
universities,” he said.
The said Bill is still pending with the Governor and it is possible that he may give his assent or he can withhold the bill with him for any
uncertain period of time. Can any person holding any office be
expected to give his assent to a bill which curtails his power?
Article 200 of the Constitution provides that “the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom”.
In 1976, by the 42nd Amendment of the Constitution, education was placed in the concurrent list. It is also well settled that if there is a
conflict between the Parliament and the State Legislature on any law in the Concurrent List, the Union Law will prevail.
The University Grants Commission (UGC) was formulated in November 1956 as a statutory body of the Indian Government via an Act of Parliament which is for the coordination, determination, and
maintenance of standards of university education in India and these Act/Regulations shall apply to all recognized Universities as defined under Section - 2(f) of the UGC Act and all such recognised universities as per UGC Norms.
On 5th September 2019, the UGC issued a handbook for vice
chancellors. It contains the recommendations of various committees namely ‘The Radhakrishnan Commission (1948)’, ‘The Kothari Commission (1964)’ and the ‘Gnanam Committee (1990)’.
As per the Radhakrishnan Commission, the appointment of VC is done by the Governor. Though subsequent committees have prescribed various methods to be adopted while searching for a fit person for the VC's post, there is no change in this.
Since education is in concurrent list and as UGC has been
established under a Central Act and as per UGC guidelines only the Governor can appoint VCs, the validity of the present bill passed by Tamil Nadu Assembly is doubtful.
During March 2022, (Writ Petition (Civil) No.1525 OF 2019 Gambhirdan K Gadhv (S) versus The State of Gujarat & Others), the Supreme Court held that appointment of a Vice Chancellor of a University, even under a State legislation, cannot be contrary to the provisions of the UGC Regulations. The apex court noted that in cases where the State legislature is repugnant to the Central legislation, Central legislation is to prevail as per Article 254 as education is in the Concurrent List.
The court said, “It cannot be disputed that the UGC Regulations are enacted by the UGC in exercise of powers under section 26(1)(e) and 26(1)(g) of the UGC Act 1956. Even as per the UGC Act every rule and regulation made under the said Act, shall be laid before each House of the Parliament. Therefore, being a subordinate legislation, UGC Regulations become part of the Act. In case of any conflict between State legislation and Central legislation, Central legislation shall prevail by
applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List of the Constitution”.
(The author is a retired banker)