Calcutta University VC reappointment case: SC upholds HC order which set aside West Bengal govt decision
Oct 11, 2022
New Delhi [India], October 11 : The Supreme Court on Tuesday upheld the Calcutta High Court's order which set aside Government of West Bengal's decision of reappointment of the incumbent Vice-Chancellor of Calcutta University.
A bench of Justices DY Chandrachud and Hima Kohli said, "we hold that the judgment of the High Court is correct in law and on fact and does not warrant interference in appeal. The State government could not have issued the order re-appointing the VC."
"The State government chose the incorrect path under Section 60 by misusing the "removal of difficulty clause" to usurp the power of the Chancellor to make the appointment. A government cannot misuse the "removal of difficulty clause" to remove all obstacles in its path which arise due to statutory restrictions," the court said.
"Allowing such actions would be antithetical to the rule of law. Misusing the limited power granted to make minor adaptations and peripheral adjustments in a statute for making its implementation effective, to side-step the provisions of the statute altogether would defeat the purpose of the legislation," the court said.
"Accordingly, the High Court in our view was justified in coming to the conclusion that "in the guise of removing the difficulties, the State cannot change the scheme and essential provisions of the Act"," the court said.
"In the view taken above on the construction of the provision of the Calcutta University Act 1979, while it is not necessary to advert to the provisions of the UGC Regulations which were also relied upon by the High Court in support of its conclusion, for the purposes of completeness, they are dealt with as well," the court said.
On 13 September 2022, the Calcutta High Court allowed a petition against the Vice-Chancellor (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 1979 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, were in appeal.
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 the exercise of the powers conferred by Section 8(1)(a) read with Section 8(2)(a) of the Act. The term of appointment was for a period of four years with effect from the date on which she joined office or until she attained the age of sixty-five or until further orders, whichever is the earliest. The term of office of the VC was to end on 27 August 2021.
