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Synopsis

Referring to the vacant position of Vice Chancellor of the University of Madras since August 2023, the Madras High Court said that it cannot fathom a University without a Vice Chancellor for such a long period.

The division bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy, in its order dated March 6, 2023, stressed that the same is not good for the maintenance of academic excellence.

While stating that the University of Madras is one of the prestigious Universities in the State of Tamil Nadu, the bench pointed out that the steps for appointment of Vice Chancellor in accordance with the law were not undertaken only on the ground that the matter is pending in the Supreme Court, i.e. the State of Tamil Nadu filed a writ petition under Article 32 of the Constitution of India.

Therefore, taking a serious view, on the request of the State Government Pleader, court adjourned the matter to April 2, 2024 "as a last chance".

The court made these remarks in an interim order passed on a petition by advocate B. Jagannath, who had filed the plea last year, urging the inclusion of a University Grants Commission nominee in the state government's search panel for selecting vice-chancellor candidates.

His prayer was "To Call for the records made in the Impugned order vide Government Order 273 of 2023 passed by the Principal Secretary to the Government of Tamil Nadu, Department of Higher Education dated September 13, 2023 and quash the same as illegal, void and unconstitutional".

He also sought a direction "to the Principal Secretary to the Government of Tamil Nadu, Department of Higher Education to reconstitute the said search Committee afresh by including the name of the Nomination made by the University Grants Commission insofar as relating to the Madras University Vice Chancellor appointment".

After the writ was filed, the Legislative Assembly passed a Bill proposing the Chief Minister as the Chancellor for all State universities. Since the Governor had not granted assent, the State government approached the Supreme Court.

State Government Pleader apprised the division bench that the delay in resolving the top court case resulted in a subsequent delay in appointing the University of Madras's Vice-Chancellor. 

He requested additional time to receive instructions on finalising the search panel. Acceeding to his request, the bench adjourned the matter.

Case Title: B. Jagannath, Advocate v The Principal Secretary to the Government and Others