On Wednesday, the Supreme Court decided to hear a case brought by the West Bengal government challenging the Calcutta High Court’s decision to overturn the vice-chancellor of Calcutta University’s reappointment. Senior attorney AM Singhvi informed Justices DY Chandrachud and Hima Kohli’s panel that the High Court issued the order and overturned the statutory authority’s decision on Tuesday. After the verdict was reserved for several months, the order was finally issued. The matter will be listed before the proper bench on September 16th, according to the bench.
Sonali Chakravarti Banerjee’s appointment as vice-chancellor of Calcutta University was revoked on September 13 by the Calcutta High Court, which ruled that the West Bengal government lacked the right to do so under the terms of the varsity’s Act. Banerjee’s reappointment had been challenged in a PIL by a university alumnus, and the high court had ruled that the government order dated August 27, 2021, issued by a special secretary, could not be upheld. It had ruled that neither Section 8 of the Calcutta University Act nor the remaining Section 60 of the Act gave the state the right to name or reappoint the vice-chancellor.
Oral prayers for a stay of operation of the order by lawyers representing the state government and Banerjee were rejected.
Banerjee’s stint as vice-chancellor of Calcutta University ended on August 27, 2021, after she was appointed on August 28, 2017, for a period of four years. The Chancellor extended her term by three months with the condition that the selection process would start and the vice-chancellor would be chosen in accordance with the proper procedures. After then, Banerjee was reappointed as vice chancellor of Calcutta University with effect from August 28, 2021, for a period of four years, in a notification dated August 27, 2021, issued under the special secretary of the West Bengal government’s Higher Education Department.
The vice-chancellor cannot be reappointed by the state government because such authority belongs to the Chancellor, according to the petitioner’s attorney before the high court. S N Mookherjee, the State’s Advocate General, had argued against the prayer by arguing that reappointment and appointment had different legal standings. He had argued that the state serves as the reappointment authority and that even if the Chancellor were to serve in that capacity, the state would provide its recommendation once it had been satisfied. He had said that the state had no choice but to pass the order reappointing Banerjee because the Chancellor was not acting on the advice made to him.
Jagdeep Dhankhar, now vice President of India was the then ex-officio Chancellor of the university being a governor of the State.
