New Delhi, Nov 17 (UNI) The Supreme Court on Monday posted to December 2 the Tamil Nadu Government’s petition challenging the Madras High Court’s interim stay on State amendments that removed the Governor’s power to appoint Vice-Chancellors of State-run universities.
The matter was heard by a Bench of Justice Surya Kant and Justice Joymalya Bagchi.
The State has also filed a transfer petition seeking to move to the Supreme Court a public interest litigation pending before the Madras High Court on the same issue.
Solicitor General Tushar Mehta submitted that the matter may have to await the outcome of the pending Presidential Reference relating to timelines for gubernatorial assent to Bills.
However, Senior Advocate Dr AM Singhvi, appearing for Tamil Nadu, argued that the issue was independent of the Presidential Reference, as the amendments took effect based on the “deemed assent” declared by the Supreme Court in the Tamil Nadu Governor judgment.
Senior Advocate P. Wilson, also for the State, expressed concern over the administrative vacuum caused by the High Court’s stay.
He said, “Out of 22 universities, 14 are without Vice-Chancellors. I am unable to do anything in the State. Ex-parte stay was granted. There is an urgency.”
Justice Surya Kant observed that the State may request the High Court to decide the matter urgently within 7–10 days, though ultimately the Supreme Court listed the case for December 2.
The Tamil Nadu legislative amendments transferred the power to appoint Vice-Chancellors from the Governor (as Chancellor) to the State Government, relying on the Supreme Court’s ruling that defined the scope of the Governor’s powers in the State’s legislative process.
On May 21, 2025, the Madras High Court stayed the operation of these amendments, noting the writ petitioner’s claim that the 12 amendments were repugnant to the UGC Regulations, which require that Vice-Chancellors be appointed by the Chancellor from a panel shortlisted by a Search Committee.
The State, opposing the stay, argued that Legislation cannot be stayed as a matter of course, unless prima facie illegal.
A gazette notification relied upon by the petitioners was forged, requesting a CB-CID inquiry.
The High Court did not defer the matter and granted a stay.
Tamil Nadu has a related matter pending before the Supreme Court challenging three notifications issued by the Governor to constitute search-cum-selection committees for appointments to Bharathiar University, Tamil Nadu Teachers Education University and University of Madras
In January, a Bench led by Justice J.B. Pardiwala indicated that the Supreme Court would decide the issue if it remained unresolved.
The petition was filed through Advocate-on-Record Misha Rohatgi.
