VidhiSangh

Supreme Court of India · 11/10/2022

STATE OF WEST BENGAL versus ANINDYA SUNDAR DAS & ORS.

[2022] 13 S.C.R. 946 · 2022 INSC 1068

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Summary

The Chancellor did not accept the West Bengal government's proposals to re-appoint the Vice-Chancellor of Calcutta University for a second term. The State government then re-appointed her itself, invoking the removal-of-difficulties power in Section 60 of the Calcutta University Act, 1979. The Calcutta High Court issued a writ of quo warranto. The Supreme Court upheld that decision. Amended Section 8(2)(a) makes the State government's satisfaction a condition of eligibility for re-appointment and dispenses with a search committee. It does not move the power of appointment, including re-appointment, from the Chancellor to the State. Section 60 cannot be used to invent a lacuna and usurp a power the statute gives elsewhere. The UGC Regulations, 2018 also require the Chancellor to appoint.

Issues

  1. Whether amended Section 8(2)(a) of the Calcutta University Act, 1979 vests the power to re-appoint a Vice-Chancellor in the State government rather than the Chancellor.
  2. Whether re-appointment under Section 8(2)(a) requires the search-committee procedure in Section 8(1).
  3. Whether the State government could re-appoint the Vice-Chancellor under the removal-of-difficulties clause in Section 60 after the Chancellor declined its proposal.
  4. Whether a writ of quo warranto lay against the re-appointment.

Provisions considered

Held

Result

Appeals dismissed. The High Court's judgment setting aside the State government's order of 27 August 2021 re-appointing the Vice-Chancellor was upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 946.