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Madras High Court stays TN amendments on V-C appointments, cites unconstitutionality
Madras High Court stays TN amendments on V-C appointments, cites unconstitutionality

New Indian Express

time23-05-2025

  • Politics
  • New Indian Express

Madras High Court stays TN amendments on V-C appointments, cites unconstitutionality

CHENNAI: A vacation bench of the Madras High Court, which temporarily stayed the operation of the 10 amendment Acts that took away the powers to appoint vice-chancellors (V-C) to state-run universities from Governor-Chancellor, in its order, reasoned that it cannot 'shut its eyes on the unconstitutionality of the Acts'. The 10 Acts were granted 'deemed assent' by the Supreme Court on April 8 in its verdict in the case filed by the Tamil Nadu government against Governor R N Ravi, following which the state government notified the Acts on April 11. The bench passed the interim orders based on the petitions filed by a BJP functionary and advocate K Venkatachalapathy, whose main contention was that the amendments were repugnant to Regulation 7.3 of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges, 2018, dealing with appointment of V-Cs. In its order, the bench of justices G R Swaminathan and V Lakshminarayanan said there was no legal hurdle for the high court to subject the amendment Acts to judicial review since the SC has not tested the constitutionality of the legislations in its judgment. Moreover, the bench observed that there is no stay on the applicability of the particular UGC regulation. 'The unconstitutionality and repugnancy vitiating the impugned amendment Acts is so glaring and obvious that we cannot shut our eyes. We are convinced the amendments are ex-facie unconstitutional. If an unconstitutional process is allowed to proceed, it would cause irreparable injury and public interest would suffer,' the bench said.

Tamil Nadu to move Supreme Court against stay on Vice-Chancellor appointment laws
Tamil Nadu to move Supreme Court against stay on Vice-Chancellor appointment laws

India Today

time22-05-2025

  • Politics
  • India Today

Tamil Nadu to move Supreme Court against stay on Vice-Chancellor appointment laws

After the Madras High Court issued an order staying the operational provisions of 10 Acts that allowed the Tamil Nadu state government to appoint Vice-Chancellors to universities, the Tamil Nadu government decided to file an appeal with the Supreme government's decision comes following the Madras High Court ruling that stayed the operational parts of the Acts while hearing a petition, which challenged these laws. The state government had notified them immediately after the Supreme Court, in a ruling on April 8, said the Bills were 'deemed to have received assent', thus validating them as state government passed 10 Amendment Acts giving itself the power to appoint Vice-Chancellors (VCs) of state universities. Previously, this power lay primarily with the Governor, following the guidelines by the University Grants Commission (UGC). The Tamil Nadu government notified the Amendment Acts as Laws and published the same in the state gazette on April MP P Wilson, who is also a senior advocate, said that a BJP-affiliated lawyer from Tirunelveli travelled to Chennai to file a petition before the vacation bench of the Madras High Court, which was heard on May 14.'We argued that there was no urgency in hearing the petition since it challenged existing laws, and that the Supreme Court had already rejected the Attorney General's argument that the Amendment Acts contravened UGC Regulations. Similar cases are pending before the Supreme Court,' Wilson the case was adjourned to Wednesday, the Tamil Nadu Government filed a transfer petition to move the matter to the Supreme Court, which was mentioned before the Chief Justice of India (CJI) on stated that the CJI had directed the state government to inform the Madras High Court judges through a memorandum. 'Justices GR Swaminathan and Lakshmi Narayanan passed the order. I appeared virtually in the case, and the order was passed with my microphone on mute. When the judges resumed speaking, I enquired about the order, to which they replied that I would learn of it once it was formally passed. I subsequently discovered that a stay had been issued over the 10 laws.'Wilson confirmed that the Tamil Nadu government has informed him of its intention to approach the Supreme Court regarding this InTrending Reel

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