THE STATE OF WEST BENGAL versus DR. SANAT KUMAR GHOSH AND ORS.

THE STATE OF WEST BENGAL versus DR. SANAT KUMAR GHOSH AND ORS.

Because of an entrenched stalemate between the State Government and the Chancellor over composition and constitution of Search Committees and to ensure appointments conform to statutory requirements and UGC Regulations, this Court invoked Article 142 to constitute uniform Search-cum-Selection Committees for the state-aided universities in West Bengal, appointed a Chairperson (Hon'ble Mr. Justice Uday Umesh Lalit, Former CJI), prescribed composition and procedure for shortlisting and appointment (including timelines and modes of advertisement, scrutiny, recommendation and appointment), and directed that disagreements between the Chief Minister and the Chancellor be referred to this Court...

Parties
Petitioner: The State of West Bengal; Respondents: Dr. Sanat Kumar Ghosh and Ors.
Jurisdiction
India
Judgment Date
08 July 2024
Procedural Posture
Special Leave to Appeal (civil) No. 17403 of 2023 / Order
Outcome
Directions issued constituting Search-cum-Selection Committees for state-aided universities in West Bengal and appointing a Chairperson with detailed procedural and temporal directions
Legal Topics
Appointment of Vice Chancellors, Search Cum Selection Committee, Interim/ad Hoc Appointments, Article 142 Invocation, UGC Regulations Compliance
Education Constitutional Law Administrative Law Appointment of Vice Chancellors Search Cum Selection Committee Interim/ad Hoc Appointments Article 142 Invocation UGC Regulations Compliance

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Parties

The State of West Bengal

Petitioner

Dr. Sanat Kumar Ghosh and Ors.

Respondents

Procedural Posture

Special Leave to Appeal (civil) No. 17403 of 2023 / Order

Legal Issues

  1. 1 Whether Vice-Chancellors of state-aided universities in West Bengal must be appointed in accordance with statutory provisions and UGC Regulations, 2018 including composition of Search Committees
  2. 2 Whether the Chancellor could appoint interim/ad-hoc Vice-Chancellors without consulting the State Government
  3. 3 Whether this Court could invoke Article 142 to constitute a uniform Search-cum-Selection Committee for the universities to resolve the stalemate

Ratio Decidendi

Because of an entrenched stalemate between the State Government and the Chancellor over composition and constitution of Search Committees and to ensure appointments conform to statutory requirements and UGC Regulations, this Court invoked Article 142 to constitute uniform Search-cum-Selection Committees for the state-aided universities in West Bengal, appointed a Chairperson (Hon'ble Mr. Justice Uday Umesh Lalit, Former CJI), prescribed composition and procedure for shortlisting and appointment (including timelines and modes of advertisement, scrutiny, recommendation and appointment), and directed that disagreements between the Chief Minister and the Chancellor be referred to this Court...

Court Disposition

Directions issued constituting Search-cum-Selection Committees for state-aided universities in West Bengal and appointing a Chairperson with detailed procedural and temporal directions

Orders

  • Hon'ble Mr. Justice Uday Umesh Lalit, Former Chief Justice of India, appointed as Chairperson of the Search-cum-Selection Committees for all the Universities in West Bengal
  • Chairperson authorized to constitute separate or joint Search-cum-Selection Committees for one or more universities, keeping in view nature of subjects/disciplines