Institute of Legal and Management Studies

In the matter pertaining to the appointment of Vice Chancellors for West Bengal Universities, the Supreme Court today asked the Governor and the Chief Minister to place before it reasons behind their reservations, if any, about certain candidates recommended by the Search-cum-Selection Committee for appointment.

A bench of Justices Surya Kant and Joymalya Bagchi heard the matter.

Earlier, the Court had modified the directions issued in July and left it upon Justice UU Lalit-led Committee to determine its own order of preference regarding Vice-Chancellor appointments for 15 remaining universities. On September 22, Justice Kant said that the Committee recommendations had come in a sealed envelope, wherein it was stated that the Committee members were unanimous in their views qua 12 candidates' appointment. There was however divergence in views regarding appointment of VCs for 3 universities.

The matter was adjourned seeking the views of the Governor and the State Government on the unanimous recommendations.

Today, the bench took note of another report sent by the Search-cum-Selection Committee, which unanimously recommended a candidate for appointment as Vice Chancellor of the Cooch Behar Panchanan Barma University. This report further indicated that regarding the West Bengal State University, Justice Lalit and 2 other members were unanimous in their views, 1 member recommended another name, and 1 member did not express any opinion. Therefore, Justice Kant said, the appointments to these 2 universities could be cleared.

With regard to the 12 names unanimously recommended by the Committee in its previous report, Attorney General R Venkataramani submitted that most names had been cleared by the Governor (University Chancellor) however there were reservations regarding 4 names (in total). On behalf of the State, Senior Advocates Dr Abhishek Manu Singhvi and Jaideep Gupta stated that out of 13 unanimous recommendations (12 in earlier report and 1 in the report opened today), they had no instructions with respect to 4 names. "9 names can be cleared, there is no issue", the counsels said.

Preferring not to pass a piecemeal order with respect to names recommended by the Committee and/or approved from both sides (9 in total), the bench re-listed the matter on October 6 to await a response on the names where there was a divergence in views between the Governor and the CM.

"We must know the reasons [for reservations]...The stalemate has to be resolved," Justice Kant told the AG.

Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023