Tamil Nadu govt moves plea against Governor over appointment of vice chancellors in universities

New Delhi [India], November 2 : The Tamil Nadu government has moved the Supreme Court against the Governor, accusing him of violating the laws in the matter of constituting and reconstituting search committees for the appointment of vice chancellors to Bharathiar University, Tamil Nadu Teachers Education University and the University of Madras.
The Tamil Nadu Government said that the actions of the Chancellor/Governor in the matter of constituting and reconstituting search committees for the appointment of vice chancellors to Bharathiar University, Tamil Nadu Teachers Education University and the University of Madras is contrary to the provisions of applicable state laws.
The petition challenged the three impugned notifications issued by the Governor-Chancellor allegedly in the exercise of his e-nominee functions under state statutes as Chancellor of three state universities.
"The Constitution of India has bestowed a dual responsibility to the Governor. The first is that of a Constitutional Head of the State bound by the advice of the Council of Ministers. The second is to function as the Constitutional link between the Central Government and the State Government. However, the Hon'ble Governor of the State of Tamil Nadu is leaving no stone unturned to commit gross and patent violation of the Constitution persistently and eroding his responsibilities bestowed by the Constitution consciously," read the petition.
"The Governor of Tamil Nadu has been continuously sitting upon the Bills passed, not considering files, remission orders and policies forwarded by the Tamil Nadu State Legislature, not approving recruitment orders, granting approval to prosecute Ministers, MLAs involved in corruption cases is totally averse to his position as a Constitutional functionary. The non-action by the Governor had brought the entire administration of the State of Tamil Nadu to a grinding halt," the petition said.
Tamil Nadu government also apprised the court that they have already a filed petition against the Governor for non-clearance of various bills, government notification and other various issues.
Tamil Nadu government in the present application has alleged that the Governor's office has issued 3 separate impugned notifications in the name of the Governor-Chancellor contrary to the State Statutes and State Government policy decision and nominating extra-statutory persons in Search Committees panels constituted for shortlisting the names for the appointment to the post of the Vice-Chancellors of State Universities.
The petition has been filed through an advocate on record, Sabarish Subramanian.
"The Governor-Chancellor who is conferred with certain ex-officio functions under the State Acts established under the three State Universities namely the Bharathiar University, Tamil Nadu Teachers Education University and Madras University in his usual non-cooperative attitude has been causing impediments and embarrassment in the State Government Machinery and has been issuing notifications through his Governor's office for constituting Search and Selection Committees for the post of Vice-Chancellor(s) unilaterally and contrary to the respective State Statutes in order to impose the Regulation 7.3(ii) of the University Grants Commission Regulations, 2018 which stipulates for at least one member of the Search and Selection Committee to be a nominee of the Chairman, University Grants Commission which is in gross and patent violation of the University Statutes and G.O. (MS) No. 5, Higher Education (H1) Department, dated 11.01.2021," the petition read.
According to the petition, the Governor-Chancellor has thus been causing numerous impediments in the appointment process of vice chancellors, which has left the above-mentioned universities high and dry with no supervision and an administrative crunch. To add insult to injury, the Governor-Charllor has openly issued press releases to question the authority of the State Government for constituting search committees by following the procedure specified in the university statutes.
The Tamil Nadu government has challenged the Notifications dated September 6 constitution of search committees for the appointment of Vice Chancellors in Bharathiar University, the Tamil Nadu Teachers Education University and the Madras University and to declare them as unconstitutional, arbitrary, illegal and ultra vires of the provisions of Bharathiar University Act, 1981, the Tamil Nadu Teachers Education University Act, 2008, and the Madras University Act, 1923.
The Tamil Nadu government has sought to issue directions to concerned respondents, viz., the Chancellor of the three universities, to forthwith act in accordance with the Gazette Notifications issued by the Government of Tamil Nadu dated 20.09.2022, the Gazette Extraordinary dated 19.10.2022, the Gazette Extraordinary dated 13.09.2023 and to process the names as recommended by the committees constituted thereunder within a time frame fixed by the Court for the appointment of the Vice Chancellors to Bharathiar University, Tamil Nadu Teachers Education University and Madras University.
The petition sought to pass an order in the nature of a permanent injunction against the concerned respondents, restraining them from in any way issuing any notification constituting search committees or performing any similar acts contrary to the provisions of the Bharathiar University Act, 1981, the Tamil Nadu Teachers Education University Act, 2008, and the Madras University Act, 1923.