A division bench of Calcutta High Court, headed by Chief Justice T.S. Sivagnanam, on Monday stayed an order by another division bench of the court seeking an affidavit from governor C.V. Ananda Bose in connection with a case related to the appointment of vice-chancellors of state-aided universities.
“The order was passed on the basis of a petition by an individual. So it has to be decided first if the petition is at all maintainable for hearing,” the Chief Justice said while staying the order passed by the division bench headed by Justice I.P. Mukerji on September 23.
The earlier bench had sought to know the governor’s view in regard to the petitioner’s allegation that a constitutional crisis had developed in the state as Bose was not signing a bill that seeks to replace the governor with the chief minister as chancellor of state-aided universities.
The PIL — moved by a person named Sayan Ghosh before the division bench headed by Justice Mukerji — alleged that the state could not appoint full-term VCs as the governor had not signed the bill, which was sent to him on June 15, 2022.
Ghosh had prayed for a court order asking the governor to give his approval to the bill.
Since the governor represents the Union government, the Centre was made a respondent to the case.
The Centre moved the division bench headed by the Chief Justice challenging the order seeking the governor’s affidavit. The Centre’s lawyer alleged that the PIL was moved with a “political motive” and should be dismissed.
After hearing the central government’s lawyer, the division bench of Chief Justice Sivagnanam and Justice Hiranmay Bhattacharya made the remark and decided to hear the matter after the Puja vacation to decide whether the case is fit for hearing.
The court opens after the vacation on November 16.
The West Bengal University Laws (Amendment) Bill, 2022, which seeks to make the chief minister the chancellor of state-aided universities, was passed by the Assembly on June 13.
Starting June 2023, the governor has appointed a series of officiating VCs of state-aided universities, bypassing the state government.