V-C appointments: Tamil Nadu Governor, UGC file responses in SC
The state had approached the SC against the orders of a division bench of Madras HC in May, which stayed the operationalisation of nine Bills that were granted 'deemed assent' by the apex court in April.
These Bills amended the Acts governing various universities to take away the powers to appoint V-Cs from the governor and vest it with the state.
Governor RN Ravi, who is also the chancellor of these universities, in his SC submission said his actions consistently adhered to the UGC Regulations, 2018, and long-standing judgments of court. He pointed out that his recommendation to constitute search committees, including a mandatory nominee from the UGC chairperson, was aimed at ensuring statutory compliance and was not an alleged 'obstruction' by him in appointment of V-Cs.
It further mentioned that the amended Acts which transferred powers of V-C appointments to state ran contrary to the UGC Regulations, 2018, which 'though being a subordinate legislation becomes part of central Act and has primacy over state Acts'.
The governor said his acts of characterising the notifications of state for search committees without UGC nominee as 'void ab initio' were not 'obstructionist' but rather 'remedial', prompting the state to reconstitute panels in conformity with 'national regulations and judicial direction'.
The UGC, in its reply, underscored the sanctity of its regulations, stating that any search committee formed without the UGC chairperson's nominee is unconstitutional and its decisions are legally untenable.
The commission warned that continuing to proceed with appointments under such flawed procedures would be null and void. It further cited the UGC Regulations once notified becomes part of the UGC Act, 1956, and the same has the force of law by any state.
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