The Supreme Court has directed two experts, known to a person applying for the post of Vice-Chancellor in various Universities of West Bengal, not to be part of the Selection Committee when his application is considered.
The order was passed by the Bench of Justice Surya Kant and Justice Ujjal Bhuyan on Monday on an interim application filed by one Dr. Indrajit Lahiri, an applicant for the post of VC in 36 Universities.
The petitioner contended that two of the experts constituting the Committee knew him well and the same could lead to a presumption of bias.
The Apex Court observed that the applicant had fairly pointed out that two experts were close to him, and that respondent No. 34 had also worked under them. It directed the two experts known to the applicant not to be part of the Search-cum-Selection Committee at the time of consideration of his candidature for the post of VC.
The Bench noted that the clarification was being made as Dr Lahiri himself approached the Court, so that no adverse inference was drawn against his candidature.
Regarding the non-prescription of age limit in the advertisement, the Court said it was dealt with in an earlier order passed in July. However, if an overaged candidate applied, the same shall be considered by the Search-cum-Selection Committee, as per the University statute, it added.
In its July order, the Supreme Court had ruled that it endorsed the suggestion given by the parties that the age of retirement for the Vice-Chancellors should be 65 years, as per the Statutes. For the remaining Universities, the age of retirement for the Vice-Chancellor should be 70 years, it added.
The Bench passed the order on a special leave petition filed by the state of West Bengal, challenging a June 2023 judgment of the Calcutta High Court upholding interim VC appointments made by Governor CV Anand Bose in 13 Universities, in his capacity as the Chancellor of the institutions.
On July 8, Search-cum-Selection Committees were constituted for the Universities under the chairmanship of former Chief Justice of India UU Lalit. The Committees, encompassing five members, were to prepare a panel of three names for each university for VC appointments, alphabetically and not in order of merits. Three months were given to complete the process.
The Apex Court proposed the constitution of a search-cum-selection committee for appointing vice-chancellors, in order to break the deadlock between the West Bengal government and Governor Bose over the appointment of VCs.
However, the Bench faced challenges in forming the committee as neither the Governor nor the University Grants Commission (UGC) responded with nominees, as alleged by the state government.
In April 2024, the Apex Court was informed that the Governor had agreed to fill up six vacancies of Vice Chancellors from the list recommended by the West Bengal government.
The Bench was apprised that out of 15 names given by the State for appointment as VCs for 15 Universities, the Chancellor found seven candidates unsuitable and did not consider the rest.
The top court of the country then warned that it would appoint the VCs if the parties failed to do it amicably.
It further asked the state government to send recommendations for the remaining vacancies.
On May 18, the Apex Court ordered that the remaining eight persons be appointed within one week. It also directed the state government to send about 12-15 names of eminent persons for reconsideration by the Chancellor. This direction was passed to fill the seven vacant positions (out of 15).