Case Note & Summary
The dispute arose from the re-appointment of the Vice-Chancellor (VC) of Calcutta University, Professor Dr. Sonali Chakravarti Banerjee, by the State government. The High Court at Calcutta, in a judgment dated 13 September 2022, allowed a writ of quo warranto petition challenging the re-appointment, asserting that the State had no authority to make such an appointment under the Calcutta University Act, 1979. The Chancellor had initially appointed the VC in 2017 for a term ending on 27 August 2021. The State government proposed a re-appointment, which was not accepted by the Chancellor, leading to a notification on 27 August 2021 that was later contested in court. The High Court found that the Chancellor alone had the authority to appoint or re-appoint the VC, and the State's actions were void ab initio due to lack of consultation with the Minister as mandated by the Act. The court also noted that the provisions of Section 60 could not be invoked to bypass the established appointment process. The Supreme Court upheld the High Court's decision, confirming that the re-appointment was unlawful and reaffirming the Chancellor's exclusive authority in such matters.
Headnote
A) Constitutional Law - Writ of Quo Warranto - Authority to Appoint Vice-Chancellor - Constitution of India, Article 226 - The High Court held that the State government lacked authority to appoint or re-appoint the Vice-Chancellor, as the power was vested solely with the Chancellor under the Calcutta University Act, 1979. The court emphasized that the re-appointment process must adhere to statutory provisions, and the State's attempt to invoke Section 60 was invalid as no lacuna existed in the Act. Held that the re-appointment was contrary to law (Paras 1-13).
Issue of Consideration
Whether the State government had the authority to re-appoint the Vice-Chancellor of Calcutta University.
Final Decision
The Supreme Court upheld the High Court's ruling that the State government had no authority to re-appoint the Vice-Chancellor, affirming that such power rested solely with the Chancellor under the Calcutta University Act, 1979.
Law Points
- Writ of quo warranto
- Authority of appointment
- Statutory interpretation
- Chancellor's powers
- Eligibility criteria for VC
