6 months ago
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The Supreme Court connected Monday listed for December 2 a petition filed by the Tamil Nadu authorities against an interim bid of the Madras High Court staying 9 Acts which empowered the State, and not the Governor, to name Vice-Chancellors of State-run universities.
Appearing earlier a Bench headed by Justice Surya Kant, elder advocates A.M. Singhvi and P. Wilson, for Tamil Nadu, urged the tribunal for an aboriginal hearing. Mr. Wilson said the assignment of Vice-Chancellors was successful limbo owing to the pending litigation. Solicitor-General Tushar Mehta, appearing for the University Grants Commission, sought an adjournment. He said the tribunal should hold for a Constitution Bench to present its sentiment connected a Presidential Reference connected the Governor’s powerfulness to springiness assent to State Bills oregon notation them to the President for information earlier proceeding this case. Mr. Wilson said the existent lawsuit had thing to bash with the Reference. Mr. Mehta submitted that the sentiment connected the Presidential Reference would travel anytime this week arsenic the Chief Justice of India was retiring by the weekend.
In its petition, the State has argued that the High Court ordered a enactment connected May 21, contempt the Supreme Court, successful an April 8 judgment, declaring that the Bills were granted ‘deemed assent’ by Governor R.N. Ravi. The State authorities had notified the Acts pursuing the April 8 judgment.
The Acts successful question are The Tamil Nadu University Amendment Act, 2020; Act No.15 of 2025-The Tamil Nadu Veterinary and Animal Sciences University (Amendment) Act, 2020; Act No.16 of 2025-The Tamil Nadu Universities Laws (Amendment) Act, 2022; Act No. 17 of 2025-The Tamil Nadu Dr. Ambedkar Law University (Amendment) Act, 2022; Act No. 18 of 2025-The Tamil Nadu Dr. M.G.R. Medical University, Chennai (Amendment) Act, 2022; Act No.19 of 2025-The Tamil Nadu Agricultural University (Amendment) Act, 2022; Act No.20 of 2025-The Tamil University (Second Amendment) Act, 2022; Act No.21 of 2025-The Tamil Nadu Fisheries University (Amendment) Act, 2023; and Act No.22 of 2025-The Tamil Nadu Veterinary and Animal Sciences University (Amendment) Act, 2023.
The State has argued that determination was a beardown presumption of constitutionality against laws passed by the legislature. “Courts should beryllium dilatory successful passing interim orders successful matters challenging constitutionality of provisions and against the beardown presumption of constitutionality. The High Court passed an interim bid directing enactment of cognition of provisions which instrumentality distant the powerfulness of assignment of Vice-Chancellor from... the Chancellor and vest the aforesaid successful the government,” it has submitted.
The State has besides raised questions of instrumentality with wide ramifications pertaining to the contented of federalism and State autonomy to establish, modulate and administer State Universities nether Entry 32 List II of the Seventh Schedule of the Constitution, on with the issues pertaining to judicial impropriety and subject successful keeping a hands-off approach.
