In News:

• The Tamil Nadu Assembly recently passed two Bills that seek to transfer the Governor’s power in appointing Vice-Chancellors (VC) of 13 state universities to the state government.
  
  

What’s in today’s article:

• About VC (Role, Appointment)
  
  
• About Bills passed by TN Assembly (Provisions, Similar examples, Supreme Court’s Observations, UGC’s Role)
  
  

About Vice-Chancellor:

• Vice chancellors lead the university's academic and administrative departments.
  
  
• They may serve on several university councils, assist with policy development and academic planning, prepare budgets, and maintain the institution's positive image.
  
  
• As per the University Grants Commission (UGC) Guidelines, the Visitor/Chancellor shall appoint the Vice Chancellor out of the panel of names recommended by the search-cum-selection committee.
  • The Governor of the state is the honorary chancellor of all State owned universities.
    
    
  
  
  

About the Bills passed by Tamil Nadu Assembly:  

• The Tamil Nadu Universities Laws (Amendment) Act, 2022, substitutes the expression “chancellor” in the original Act with “government” with regards to both appointment and removal of VCs.
  
  
• A separate bill to amend the Chennai University Act, 1923 [Chennai University (Amendment) Act, 2022], with similar intent, was passed by the House.
  • Currently, the Governor, in his capacity as the Chancellor of state universities, has the power to pick a VC from the shortlisted names.
    
    
  
  
  
• The Bills also seek to empower the state government to have the final word on the removal of VCs, if needed.
  
  
• Removal will be carried out based on inquiries by a retired High Court judge or a bureaucrat who has served at least as a Chief Secretary
  
  

Such Bills by other States in recent times:

• Maharashtra:
  • In December 2021, the Maharashtra Assembly passed a Bill amending the Maharashtra Public Universities Act, 2016.
    
    
  • Under the original Act, the Maharashtra government had no say in appointment of VCs. If the changes take effect, the Governor will be given two names to choose from by the state government.
    
    
  
  
  
• West Bengal:
  • In 2019, the West Bengal government took away the Governor’s authority in appointing VCs to state universities.
    
    
  • It has also hinted at removing the Governor as the Chancellor of the universities.
    
    
  
  
  
• Gujarat:
  • In Gujarat, only the chief minister has the power to appoint a VC since 1949.
    
    
  • The Gujarat University Act, 1949 states that “the vice-chancellor shall be appointed by the state government from amongst three persons recommended by a (search-cum-selection) committee”.
    
    
  • However, last month the Supreme Court set aside the VC appointment of Gujarat’s SP University by the state government.
    
    
  
  
  
• Telangana:
  • The Telangana Universities Act, 1991 states that the search committee shall “submit a panel of three persons to the Government in alphabetical order and the Government shall appoint the Vice-Chancellor from out of the said panel”.
    
    
  
  
  

Supreme Court’s Observation:

• In March 2022, while setting aside the appointment of the Vice-Chancellor of Gujarat’s SP University by the state government, the Supreme Court made some key observations.
  • The court said “any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto”.
    
    
  • It said every subordinate legislation of the UGC, in this case the one on minimum standards on appointments, flows from the parent UGC Act, 1956.
    
    
  • In case of any conflict between state legislation and central legislation, central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List of the Seventh Schedule of the Constitution.
    • Under Article 254, If any legislation enacted by the state legislature is repugnant to the legislation enacted by the Parliament, then the state legislation will be declared void, and the legislation enacted by the Parliament will prevail over the former.
      
      
    
    
    
  
  
  

Role of University Grants Commission:

• Although Education comes under the Concurrent List, but entry 66 of the Union List — “coordination and determination of standards in institutions for higher education or research and scientific and technical institutions” — gives the Centre substantial authority over higher education.
  
  
• According to the UGC Regulations, 2018, the “Visitor/Chancellor” — mostly the Governor in states — shall appoint the VC out of the panel of names recommended by search-cum-selection committees.
  
  
• Higher educational institutions, particularly those that get UGC funds, are mandated to follow its regulations.
  
  
• These are usually followed without friction in the case of central universities, but are sometimes resisted by the states in the case of state universities.