Standoff escalates between governor and state govt over appointment of VCs
2
Shimla: The ongoing standoff between governor
Shiv Pratap Shukla
and the Himachal Pradesh govt over the appointment of vice chancellors of Dr YS Parmar University of Horticulture and Forestry in Solan and CSK Himachal Pradesh Agriculture University in Palampur has escalated.
Shukla, as chancellor of universities, has now held the state agriculture secretary's Aug 11 letter as 'patently illegal' and 'unconstitutional' for unilaterally withdrawing the advertisements issued by the Raj Bhawan secretariat on July 21 for the appointment of vice chancellors of these two varsities. Terming the letter issued by agriculture secretary C Paulrasu as 'nonest in the eyes of law', the governor has now set aside the letter.
"The advertisement, being issued under a specific Act, while exercising statutory powers can only be withdrawn by the authority that issued it," clarified Shukla. Restoring the advertisement notices issued by the Raj Bhavan secretariat on July 21, the governor has now extended the time period for receiving applications from the aspirants for the post of vice chancellors of these two varsities up to Aug 18.
The posts of vice chancellors of the Palampur university and Solan university have been vacant since Aug 21, 2023, and May 8 this year, respectively.
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The governor has reiterated that the process to fill these two posts has been initiated by him in accordance with rules, legal as well as constitutional provisions.
Meanwhile, the agriculture secretary, in his Aug 11 letter, termed the selection process of the vice chancellors initiated by the governor as illegal and 'against the spirit of the constitution and values of democracy'. Earlier, agriculture minister Chander Kumar, on July 26, wrote to the governor to keep the selection committee in abeyance, stating that the Amendment Bill, 2023, pertaining to the appointment of vice chancellors, is to be reconsidered by the legislative assembly in the forthcoming monsoon session starting from Aug 18.
The Himachal Pradesh Vidhan Sabha, on Sep 21, 2023, passed The Himachal Pradesh Universities of Agriculture, Horticulture and Forestry (Amendment) Bill, 2023, which mandates the governor to appoint vice chancellors on the "aid and advice" of the state govt. However, the governor returned the Bill to the state govt with the observation to make amendments in the Bill for the constitution of a selection committee.
However, the governor, in the notification issued on Thursday, clarified, "The chancellor, while exercising the statutory powers under the specific Act, is not bound by the aid and advice of the council of ministers as he was not exercising his constitutional powers but is exercising his statutory powers." Responding to the agriculture secretary's Aug 11 letter, the governor mentioned that the chancellor, having statutory powers under the Act, is the sole competent authority to initiate the process of appointment of the vice chancellor.
Therefore, it is implicit that the process for such appointments is to be initiated by the office of the chancellor and not otherwise as inferred by the advocate general in his advice.
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