Calcutta High Court has dismissed a public interest litigation (PIL) challenging the appointment of interim vice-chancellors in 13 universities by governor C.V. Ananda Bose.
A division bench headed by Chief Justice T.S. Sivagnanam said the appointment of the VCs was valid and they “would be entitled to draw the allowance, if any, applicable to the vice-chancellor”.
The court said in its order that the petitioner had “miserably failed” to point out what was the public interest that was affected and the state government had virtually “stepped into the shoes of the writ petitioner”.
“However, we do not wish to go deep into this matter and we leave it as such, as we are satisfied that there is no illegality in the orders issued by the chancellor,” says the order.
The state education department had in a written communication to these VCs said their appointments could not be accepted as valid and “therefore the state government does not accord the financial sanction with regard to pay and allowance for the position of vice-chancellor for the appointed incumbent”.
Wednesday’s order, signed by Chief Justice T.S. Sivagnanam and Justice Ajay Kumar Gupta, says: “Thus, by holding that the communication of the special Commissioner dated 12th June 2023 and a similar communication to the other universities are without jurisdiction, we hold that the incumbent professors who have been authorised to perform the duties of the vice-chancellor of the respondent universities shall be entitled to draw the pay and allowances as applicable to the post held by them prior to issuance of the orders but would be entitled to draw the allowance, if any, applicable to the vice-chancellor.”
“In the result, the writ petition fails and it is dismissed with the above clarification/directions.”
The court struck down the contention of the petitioner, a retired college teacher, who argued that the chancellor did not consult education minister Bratya Basu while appointing the interim VCs.
Basu had earlier tweeted that the governor’s move was “illegal”.
Calls and text messages to minister Basu on Wednesday failed to elicit any response.
The court order said that it cannot be held that there was no consultation at all between the government and the governor.
“….the factual position being that the minister in charge forwarded 27 names (for as many universities). Out of the 27 names, two names have been accepted by the chancellor and they have now been authorised to perform the duties of the vice-chancellor of their respective universities,” the order says.
Bose at NBU
Governor C.V. Ananda Bose on Wednesday held a meeting with the VCs of 12 state universities at North Bengal University, on the outskirts of Siliguri.
"We had a resolution for our commitment that our first duty is to our students," the governor said.
Bose faced protests by the Trinamul Chhatra Parishad supporters when he reached the campus. When asked about the protest, he said: “Protests are the essence of democracy.... I thank them (the protesters) for providing me with the opportunity to hold a discussion with VCs.”
Additional reporting by Binita Paul in Siliguri