30 Apr The appointment of VCs of state universities by the Governor
The appointment of VCs of state universities by the Governor – Today Current Affairs
(GS Paper-II, Polity,Constitution,Governance,Social Justice and International Relations)
Source: The Hindu
Today Current Affairs
Why in News?
Tamil Nadu has enacted two bills that take away the Governor’s power to appoint vice chancellors of state universities.
The highlights of the bill : The Hindu Analysis
It provided that “Any appointment of the Vice-Chancellor should be made by the Government from a panel of three names” suggested by a search and selection committee.
Removal : The Hindu Analysis
The bills also aim to give the state government the last decision on whether or not VCs should be removed.
Procedure : The Hindu Analysis
The dismissal will be carried out based on the conclusions of an investigation undertaken by a retired High Court judge or a bureaucrat who has served as Chief Secretary.
The reasons for passage of laws : The Hindu Analysis
According to Chief Minister MK Stalin,The Bills were required because the Governor had rejected the state government’s position on the appointment of VCs.
On a range of topics, including education, elected administrations have frequently accused the Governors of acting on orders from the Centre.
Which other states have enacted similar legislation?
West Bengal and Maharashtra are two states in India which have enacted similar legislations and Kerala and Odisha have attempted to increase the number of appointments to state institutions under their authority in a similar manner.
The role of University Grant Commission : The Hindu Analysis
Despite the fact that education is covered under the Concurrent List, the Union List’s items no. 66 gives the Centre extensive authority over higher education.
The University Grants Commission (UGC) has a standard-setting function even in the case of appointments at universities and colleges.
According to the 2018 UGC Regulations, the “Visitor/Chancellor” – in most states, the Governor — should appoint the VC from a panel of candidates proposed by search-cum-selection committees. The Hindu Analysis
It is expected to be followed by higher education institutions, especially those which receive UGC funding.
The following are some of the observations made by the Supreme Court:
In March 2022, the Supreme Court reversed Shirish Kulkarni’s appointment as Vice-Chancellor of Gujarat’s Sardar Patel University.
Any appointment as a Vice Chancellor made in violation of the UGC Regulations can be considered to be in violation of the legislative provisions, necessitating the issuance of a writ of quo warranto.” Today Current Affairs
The UGC Act of 1956 is the cornerstone for all of the UGC’s subordinate statutes. As a result, the UGC Regulations are included in the Act as a subordinate statute.
Because the subject of ‘education’ is so broad, in the event of a dispute between state and central legislation, the central legislation will win by applying the rule/principle of repugnancy enunciated in Article 254 of the Constitution.
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