ROLE OF GOVERNOR IN PUBLIC UNIVERSITIES

1. Context

2. Highlights of the two Bills

• The Bills passed in Tamil Nadu stress that "every appointment of the Vice Chancellor shall be made by the Government from out of a panel of three names recommended by a search-cum-selection committee.
• Currently, the Governor, in his capacity as the Chancellor of the state universities, has the power to pick a VC from the shortlisted names.
• The Bills also seek to empower the state governments to have the final word on the removal of VCs, if needed.
• Removal will be carried out based on inquiries by a retired High Court Judge or a bureaucrat who served at least as a Chief Secretary, according to one of the Bills.

3. Such Bills passed by other states in recent times

• In December 2021, the Maharashtra Assembly passed a bill amending the Maharashtra Public Universities Act, 2016.
• Under the Original Act, the Maharashtra government had no say in the appointment of VCs. If the changes take effect, the Government will be given two names to choose from by the state government.

• In 2019, the West Bengal government took away the governor's authority in appointing VCs to state universities.
• It has also hinted at removing the Governor as the Chancellor of the Universities.

• In Gujarat, only the chief minister has the power to appoint a VC since 1949.
• The Gujarat University Act, of 1949 states that the vice-chancellor shall be appointed by the state government from amongst three persons recommended by a (search-cum-selection) committee.
• However, last month the Supreme Court set aside the VC appointment of Gujrat's SP University by the state government.

4. What is at the root of the differences?

• In West Bengal, Maharashtra, and Tamil Nadu, the elected government has repeatedly accused the Governors of acting at the behest of the Centre on various subjects, including education.
• The regulations, which differ from state to state, are often open to interpretation and disputes are routine.
• In fact, the Tamil Nadu Bills make a case for giving the state government the upper hand in the VC appointment process by citing the examples of Gujarat and Telangana.
• It is considered that in line with the aforesaid (Gujarat, Telangana) state university laws, the Government of Tamil Nadu should be empowered to appoint the Vice-chancellors of the state universities, both bills state.
• In Karnataka, Jharkhand, and Rajasthan, state laws underline the need for concurrence between the state and the Governor. The terms " Concurrence " or " Consultation" are absent from state legislation in most cases.

5. Role of the University Grants Commission (UGC)

• Although Education comes under the Concurrent list, entry 66 of the Uion list- Coordination and determination of standards in institutions for higher education or research and scientific and technical institution- gives the center substantial authority over higher education.
• According to the UGC regulations, 2018 the Visitor/ Chancellor mostly the governor in state-shall appoints the VC out of the panel of names recommended by search-cum selection committees.
• Higher education institutions, particularly those that get UGC funds, are mandated to follow its regulations.
• These are usually followed without friction in the case of central universities but are sometimes resisted by the states in the case of state universities.

6. Supreme Court Observation

• In March 2022, while setting aside the appointment of the Vice-chancellor of Gujarat's SP University by the state government, the supreme court made some key observations.
• The court said any appointment as a vice chancellor contrary to the provisions of the UGC Regulation can be said to violate the statutory provisions, warranting a writ of quo warranto.
• It is said every subordinate legislation of the UGC, in this case, the one minimum standards on appointments, flows from the parent UGC Act, 1956.
• 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 seventh schedule of the constitution.
• Under Article 254, if any legislation enacted by the state legislature is repugnant to the legislation enacted by the Parliament, then the state legislation will be declared void, and the legislation enacted by the Parliament will prevail over the former.