New Delhi, Sep 22 (UNI) The Supreme Court today issued notice on the Tamil Nadu government’s plea seeking transfer of a Public Interest Litigation (PIL) pending before the Madras High Court to the apex court.
The PIL challenges state laws that took away the Governor’s power to appoint Vice-Chancellors of state-run universities.
A Bench comprising Justice Surya Kant and Justice N. Kotiswar Singh passed the order after hearing Senior Advocates Dr. Abhishek Manu Singhvi and P Wilson appearing for the State of Tamil Nadu.
Singhvi pointed out that even before notice was issued, the University Grants Commission (UGC) had already filed its response in the matter.
Considering this, the Bench formally issued notice to the respondents.
The controversy stems from a series of legislative amendments passed by Tamil Nadu transferring the power to appoint Vice-Chancellors from the Governor to the state government.
On May 21, the Madras High Court stayed the operation of these amendments, holding that they may be repugnant to the UGC Regulations which mandate that Vice-Chancellors be appointed by the Chancellor from a panel recommended by a Search Committee.
Tamil Nadu has challenged the High Court’s stay before the Supreme Court by way of a Special Leave Petition, on which notice has already been issued.
The state now seeks transfer of the pending High Court PIL to the Supreme Court, citing that similar issues are already under consideration by the apex court.
One such case relates to the Governor’s unilateral notifications for constituting search and selection committees for the appointment of Vice-Chancellors in Bharathiar University, Tamil Nadu Teachers Education University, and Madras University.
During a hearing earlier this year, a Bench led by Justice J.B. Pardiwala had observed that if the dispute over VC appointments was not resolved, the Supreme Court would step in to decide the issue.
The Madras High Court, while granting stay on the state amendments, had rejected Tamil Nadu’s plea to defer the hearing on account of the transfer petition being moved before the apex court.
It also recorded the state’s contention that one of the gazette notifications relied upon by the petitioners was forged and required investigation.
The Supreme Court will now hear the matter further after responses are filed.
