Summary
To resolve a prolonged stalemate over West Bengal university Vice-Chancellors, the Court used Article 142, with the parties’ consent, to establish search-cum-selection committees chaired by former Chief Justice U.U. Lalit. It prescribed advertisement, shortlisting and appointment timelines, participation by the Chief Minister and Chancellor, and referral of unresolved objections back to the Court. Compliance reporting and administrative support were directed.
Issues
- How to constitute an effective Vice-Chancellor selection mechanism despite disagreement and variations among university statutes.
- How recommendations, preferences and objections should move between the Chief Minister, Chancellor and Court.
- What timelines and support should govern the process.
Provisions considered
- Article 142, Constitution of IndiaWith consent to court-constituted committees, the Court prescribed a common composition and process despite variations in university statutes to resolve the appointment impasse and secure fair, independent selection. (¶¶ 6, 7, 8, 10, 12, 14, 22)
Held
- The unresolved dispute between the State and Chancellor had obstructed regular appointments. At the parties’ joint request, the Court invoked Article 142 to create uniformly composed search-cum-selection committees despite statutory variations, seeking transparency, independence, fairness and selection of competent persons of integrity. (¶¶ 4, 5, 6, 7, 8, 10)
- Former Chief Justice Uday Umesh Lalit was appointed chairperson for all committees. He may constitute individual or pooled university committees according to disciplines, nominating four persons from the Court’s expert panel and presiding himself as the fifth member. Each committee must recommend at least three names alphabetically, without ranking them by merit. (¶¶ 11, 12, 13, 14)
- Committee constitution was requested preferably within two weeks. The Higher Education Department must advertise widely with eligibility requirements and reference to the order, allow four weeks for applications, scrutinise them within one week and place the entire set before the chairperson for dossiers and committee consideration. Completion of the search exercise was sought within three months of the order. (¶ 15)
- Chairperson-endorsed panels must go to the Chief Minister personally, who may recommend an order of preference. Any objection to a shortlisted candidate must be supported by reasons, material and the original recommendation record and forwarded to the Chancellor within two weeks. (¶ 18)
- The Chancellor must appoint from the panels in the Chief Minister’s preference order, subject to recording any reservation with reasons and relevant material. Absent disagreement, approval must follow within two weeks of receipt; the concerned State department must notify appointment within one week thereafter. (¶¶ 19, 20)
- Unresolved objections by the Chief Minister or Chancellor must be referred to the Supreme Court for final decision after reasonable opportunity of hearing to the objectors. The State must submit a compliance status report before the next hearing; the consensual committee arrangement must be complied with. (¶¶ 21, 22)
- The chairperson receives Rs.3 lakh per effective day of committee proceedings, together with State-provided office, secretarial assistance, transit accommodation, vehicle and appropriate support. Members receive prescribed allowances; pending clarification where none exist, economy airfare and boarding/lodging expenses must be reimbursed within one week of claims. (¶¶ 16, 17)
Result
Directions issued for consensual Article 142 search committees, timed selection and appointments, referral of unresolved objections to the Court, logistical support and State compliance reporting; proceedings retained for further supervision.