Calcutta High Court on Tuesday sought an affidavit from the Bengal governor’s office stating its view in regard to a petitioner’s allegation that a constitutional crisis had developed in the state as the governor was not signing a bill that seeks to make the chief minister the chancellor of state-aided universities instead of the governor.
The division bench of Justice I.P. Mukerji and Justice Hiranmay Bhattacharyya heard the petition that alleged the state could not appoint full-term VCs as the governor had declined to sign the bill sent to him on June 15, 2022.
The West Bengal University Laws (Amendment) Bill, 2022, was passed in the Assembly on June 13.
From June 2023, Bose has been appointing people of his choice as vice-chancellor, completely bypassing the state government.
“The West Bengal State Universities (Terms and Conditions of Service of the Vice-Chancellor & the Manner and Procedure of Official Communication) Rules, 2019, states in case of appointment of the VC of a university, the chancellor will maintain the order of preference of names placed before him by the minister,” said Achintya Banerjee, the
advocate-on-record for the petitioner.
Appearing for the petitioner, senior advocate Lakshmi Gupta said the governor did not have constitutional power by which he could decline to sign a bill passed in the Assembly.
Thereafter the interim order seeking an affidavit was passed.
Since the governor represents the Centre, the Union government was made a respondent in the case.
Billwadal Bhattacharya, the counsel representing the Centre, said the Court should not entertain the petition because the petitioner is an active member of the ruling party.
The division bench will hear the case again on September 18.