The recent passage of two Bills by the Tamil Nadu Assembly, which aim to delegate the Governor’s power in appointing Vice-Chancellors (VC) of the state’s 13 universities to the state government, has put the spotlight on the role of Governors in the higher education sector. Similar provisions have been enacted in Maharashtra and West Bengal, signifying a paradigm shift in India’s educational policy-making.
Details of the New Bills
The newly passed Tamil Nadu bills stress that “every appointment of the Vice-Chancellor shall be made by the Government from out of a panel of three names”. These names will be recommended by a search-cum-selection committee. Prior to this, the Governor, in his capacity as the Chancellor of state universities, had the power to select a VC from the shortlisted candidates.
Furthermore, the legislation empowers the state government to make the final call on the removal of VCs, if necessary. This would be conducted based on inquiries by a retired High Court judge or a bureaucrat who has served at least as a Chief Secretary.
The UGC’s Role in the Higher Education Sector
Despite education coming under the Concurrent List, entry 66 of the Union List grants the Centre considerable authority over higher education standards. The University Grants Commission (UGC) plays the pivotal role of standard-setter, overseeing the appointments in universities and colleges.
The UGC recently released regulations on Academic Collaboration between Indian and Foreign Higher Education Institutions. These regulations permit collaborating institutes to offer twinning programs, joint degrees, and dual degrees.
In accordance with the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges) Regulations 2018, the “Visitor/Chancellor” – primarily the Governor in states – is mandated to appoint the VC from a panel recommended by search-cum-selection committees.
Judiciary’s View on University Appointments
On several occasions, the Supreme Court has judged that any VC appointment contradicting the UGC Regulations can be construed as a violation of the statutory provisions, necessitating a writ of quo warranto. In case of any conflict between state legislation and central legislation, precedence is given to the latter, especially since education is part of the Concurrent List of the Seventh Schedule of the Constitution.
Role of Governors in State Universities
It is customary for the Governor of the state to serve as the ex-officio chancellor of the universities within that state. While as a Governor he operates with the aid and advice of the Council of Ministers, as a Chancellor, he acts independently and makes his own decisions concerning all university matters.
How Central Universities Operate
Under the Central Universities Act, 2009, and other statutes, the President of India is designated as the Visitor of a central university. In central universities, Chancellors are titular heads tasked mainly with presiding over convocations. They are appointed by the President in his capacity as the Visitor, who also appoints the Vice Chancellor from panels provided by search and selection committees formed by the Union government. The Act further empowers the President, as Visitor, to conduct inspections of academic and non-academic aspects of the universities.
