Supreme Court issues notice on Tamil Nadu's plea against High Court stay on law to appoint Vice Chancellors

The Supreme Court of India has issued notice on a plea by Tamil Nadu challenging the stay granted on its legislations pertaining to the manner of appointment of Vice Chancellor to State Universities as being in violation of the UGC Regulations 2018.

A Bench of Justices PS Narasimha and R. Mahadevan has issued notice to the petitioner before the Madras High Court, one Advocate K. Venkatachalapathy; the Union government; the University Grants Commission (UGC); the office of the Tamil Nadu Governor.

A Special Leave Petition under Article 136 has been filed assailing the interlocutory order of the Madras High Court, 2025 stating that contrary to the law as laid down in Health for Millions vs. Union of India and Ors. (2014) 14 SCC 496 that Courts should be slow in passing interim orders in matters challenging constitutionality of provisions and against the strong presumption of constitutionality, the High Court has passed interim order directing stay of operation of provisions which take away power of appointment of Vice Chancellor from the hands of the Chancelor and vest the same in the Government.

The petition also raises concerns over the petition being filed during vacations, without pleading any urgency in the matter. The matter was heard during vacations till 6.30 p.m., beyond court hours, and the Impugned Order was passed, top court has further been told. "In the present case, the petitioner has not pleaded anywhere in the Writ Petition why he did not challenged the 9 Acts before the regular Bench of the Court. Thus, it is a text book case of forum shopping, which goes against all settled principles of judicial propriety and norms..", the SLP states.

Questions of law having wide ramifications pertaining to the issue of federalism and state autonomy to establish, regulate and administer State Universities under Entry 32 List II of the Seventh Schedule of the Constitution have also been raised.

It has been further submitted that High Court while presuming the unconstitutionality of the Amendment Acts and granting stay of legislation did not consider or even delve into the issue of whether there is repugnancy at all. "There was no extraction of the offending provisions in the impugned State Universities Acts nor there is any discussion except to the extent of citing judgments. There is no legislation under List I Entry 66 enacted by Parliament touching upon the appointment of an officer of a University such as the Vice Chancellors and UGC Act is silent on the same", the supreme court has been told.

Case Title: THE STATE OF TAMILNADU & ANR. vs. K.VENKATACHALAPATHY @ KUTTY&ORS