CHENNAI: A vacation bench of Madras high court Wednesday clamped an interim stay on operation of amendments to 10 state university laws empowering the CM to appoint vice-chancellors, effectively wresting what is the governor's prerogative in the capacity of chancellor.
The contentious provision, which was deemed to have received Supreme Court's assent based on its ruling defining gubernatorial powers, triggered a rare presidential reference recently and a renewed Centre-state power tussle. The bench of Justice G R Swaminathan and Justice V Lakshminarayanan passed the interim orders on a PIL filed by advocate K Venkatachalapathy, challenging the amendments on the ground that these were contrary to the objectives of UGC regulations and functions.
"Through Regulation 7.3 of the UGC Regulations for teaching staff, the commission granted power to the chancellor (Governor) to appoint VCs...," the PIL states.
Education should be in the hands of an authority above politics, says TN in HC
However, the state, through the amendments, replaced the power of the chancellor with the govt, which is contrary to the process stipulated for appointing VCs," the PIL states.
"State universities are recognised as universities within Sec 2 (f) of the UGC Act and also recognised by the commission under the applicable regulations. Therefore, any amendments made by state affecting such universities, especially in areas already covered by regulation concerning appointment of VCs, constitute a violation of constitutional distribution of powers," it argues.
Senior advocate Dama Seshadri Naidu, representing the petitioner, contended at Wednesday's hearing that universities must be protected from political powers. "The chancellor is apolitical, like a speaker of an assembly... Education should be in the hands of an authority above politics," he said.
Advocate general P S Raman and senior advocate P Wilson, representing the state, argued that a legislation brought by the govt after getting it passed in the assembly could be stayed only in the event of "a glaring unconstitutionality or if it is manifestly arbitrary". "In the present case, a state legislation prevails over regulations framed by UGC," the AG said.
So long as it does not contravene a law legislated by Parliament, the state law prevails, he added. Wilson sought an adjournment, saying a petition to transfer all related cases to SC was pending and that arguing the matter now before HC would leave the pending pleas infructuous. He said there was no urgency for a vacation bench to hear the PIL, and requested the court to adjourn the hearing and provide time for the state to file a counter.
Wilson accused governor R N Ravi of "waging war" against DMK govt. "The PIL is politically motivated. Except for a grudge to stay the selection process, there is no urgency in issue. Only the process for appointment of vice-chancellors has commenced. The last date for applications is June 5." The bench heard the petition until 7 pm and then passed the interim order.
The contentious provision, which was deemed to have received Supreme Court's assent based on its ruling defining gubernatorial powers, triggered a rare presidential reference recently and a renewed Centre-state power tussle. The bench of Justice G R Swaminathan and Justice V Lakshminarayanan passed the interim orders on a PIL filed by advocate K Venkatachalapathy, challenging the amendments on the ground that these were contrary to the objectives of UGC regulations and functions.
"Through Regulation 7.3 of the UGC Regulations for teaching staff, the commission granted power to the chancellor (Governor) to appoint VCs...," the PIL states.
Education should be in the hands of an authority above politics, says TN in HC
However, the state, through the amendments, replaced the power of the chancellor with the govt, which is contrary to the process stipulated for appointing VCs," the PIL states.
"State universities are recognised as universities within Sec 2 (f) of the UGC Act and also recognised by the commission under the applicable regulations. Therefore, any amendments made by state affecting such universities, especially in areas already covered by regulation concerning appointment of VCs, constitute a violation of constitutional distribution of powers," it argues.
Senior advocate Dama Seshadri Naidu, representing the petitioner, contended at Wednesday's hearing that universities must be protected from political powers. "The chancellor is apolitical, like a speaker of an assembly... Education should be in the hands of an authority above politics," he said.
Advocate general P S Raman and senior advocate P Wilson, representing the state, argued that a legislation brought by the govt after getting it passed in the assembly could be stayed only in the event of "a glaring unconstitutionality or if it is manifestly arbitrary". "In the present case, a state legislation prevails over regulations framed by UGC," the AG said.
So long as it does not contravene a law legislated by Parliament, the state law prevails, he added. Wilson sought an adjournment, saying a petition to transfer all related cases to SC was pending and that arguing the matter now before HC would leave the pending pleas infructuous. He said there was no urgency for a vacation bench to hear the PIL, and requested the court to adjourn the hearing and provide time for the state to file a counter.
Wilson accused governor R N Ravi of "waging war" against DMK govt. "The PIL is politically motivated. Except for a grudge to stay the selection process, there is no urgency in issue. Only the process for appointment of vice-chancellors has commenced. The last date for applications is June 5." The bench heard the petition until 7 pm and then passed the interim order.
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