The Supreme Court on Friday stayed the emoluments of the newly appointed interim vice-chancellors of state-run universities in West Bengal, reported PTI. This comes in the backdrop of a bitter tussle Mamata Banerjee government and the Raj Bhawan over how the state universities should be run in the state.
A bench of Justices Surya Kant and Dipankar Datta said that there is a need for reconciliation between the governor and the chief minister “in the interest of educational institutions and the future careers of lakhs of students”.
The order stated that the stay on emoluments to interim VCs appointed in August will continue till the pendency of the state government’s petition against the governor’s action of appointing interim vice-chancellors. West Bengal Governor CV Ananda Bose is the ex-officio chancellor of state universities.
“Please convey this to the chancellor. Our request is to fix a date and time that will be convenient for the chief minister, and invite her for a cup of coffee so that these things can be discussed and sorted out,” the bench told senior advocate Dama Sheshadri Naidu, appearing for the Governor.
Justice Kant said, “We agree, sometimes there are differences of opinion between constitutional functionaries. On the judicial side, we judges also disagree with each other. But that does not mean we stop meeting and discussing things.”
The top court was hearing an appeal of the West Bengal government against the June 28 order of the Calcutta High Court which said there was no illegality in the orders issued by the Governor appointing interim VCs in 11 state-run universities.
The state government was represented by senior advocate Abhishek Singhvi. He argued that after the court had issued notice on the plea last month, 12 such appointments have been made to Netaji Subhas Open University, Maulana Abul Kalam Azad University, Burdwan University, and others.
“This is not fair. The appointment order does not even mention that these would be subject to the outcome of this litigation. In any matter, even without the court saying so, we hold our hands, or we take the court’s permission. This cannot go on. That is the least expected,” Singhvi said.
Justice Kant said, “We are allowing them to continue as acting vice-chancellors, but they will not be entitled to any perks for now.”
The bench clarified the stay order will be applicable to the appointments made during the pendency of the plea and not the appointments which are subject matter of the original litigation.
The apex court bench also expressed their disappointment over the delay in giving assent to the West Bengal University Laws (Amendment) Bill, 2023, which proposes to replace the governor with the chief minister as the chancellor of all state-aided universities by virtue of his/her office and increase the number of members of the search committee for appointment of vice-chancellors from three to five.
Justice Datta said, “The legislature has done something, and then, it has gone to the governor. He has a duty to take a decision. There is no time limit mentioned in the Constitution but that does not mean you do not take a decision (in giving or denying assent to the Bill).”
Naidu agreed to convey the view of the court to the governor.
The bench posted the matter for further hearing on October 31, and said it will pass orders on October 31 if the issue is not resolved by then.
“But, in the meantime, if you are able to resolve this, then we will not intervene. Courts are normally reluctant to interfere in these issues because these are administrative decisions and involve the discharge of constitutional functions. Courts should not unnecessarily interfere unless we are called for. We are still hopeful and confident that they will be able to resolve this,” the bench said.