The long-term constitutional consequences apart, the immediate impact of the Supreme Court’s landmark ruling on the governor’s duties and powers will be the end of stalemate over appointment of vice-chancellors to nine of Tamil Nadu’s 22 state universities. Many of these universities have remained headless for more than two years as the Raj Bhavan had been sitting on the bills.
The AIADMK govt’s fisheries university Bill, which seeks to name the university after former chief minister J Jayalalithaa, too has been pending for more than four years.
And these bills empower state govt to remove vice-chancellors on the ground of wilful omission of or refusal to implement provisions of law or abuse of powers vested in them. Nomination of members to senate and syndicate, besides academic councils of universities, will also become the sole prerogative of state govt henceforth.
“The bills have now become Acts, and they would come into force once the state govt notifies them. The governor will not have any more role to play in the appointment of vice-chancellors to state universities,” senior advocate and DMK MP P Wilson told TOI. The govt can now proceed with the constitution of search panels for the appointment of vice-chancellors, he said.
However, the governor will continue to be the chancellor of universities, Wilson said, adding that he would be toothless, as all the powers, including conduct of campus inspections, will be taken over by the govt.
“Today’s judgment has reiterated the fact that the power of the governor under the Constitution is limited. The governor does not have any vested constitutional right to be a chancellor of the university. The state can make any law that comes under the purview of its law-making power,” said senior advocate K M Vijayan.
As of now, University of Madras, Anna University, Bharathiar University, Bharathidasan University, Madurai Kamaraj University, Tamil Nadu Teachers Education University, Annamalai University, Tamil Nadu Agricultural University, Tamil Nadu Veterinary and Animal Sciences University, and Tamil Nadu Physical Education and Sports University have been functioning without vice-chancellors.
Though other universities may get vice-chancellor search committees, University of Madras may have to wait a while as the amendment to the University of Madras Act, 1923, would need the President’s assent.
Now that the state has wrested the power to appoint vice-chancellors, educationists urged the state govt to take great care in nominating members to the search committees. “We expect the vice-chancellors to be appointed as soon as possible as the routine academic affairs were affected due to the ongoing stalemate. Awarding degrees, marksheets, admission to PhD programmes, approving new programmes and filling the vacancies are affected by this. Appointing quality vice-chancellors will take care of this,” said S P Thyagarajan, former vice-chancellor of University of Madras.
Another former vice-chancellor P Duraisamy said including UGC nominees to the vice-chancellor search committee is not mandatory.
“Following the Supreme Court order, the state govt may appoint the V-C search committees with or without UGC nominees. All universities must follow the UGC’s regulations on academic matters. But the regulations on V-C appointments are not mandatory,” he said.
Professors also urged the state govt to take greater responsibility in funding the universities along with the appointment of vice-chancellors. The amendment also give powers to remove the vice-chancellors.
“The govt shall order an inquiry by a judge of the high court, an officer of the govt not below the rank of chief secretary to govt, in which the vice-chancellor shall be given an opportunity to make a representation,” the amendments to the state university Acts said.