The appointment of Vice-Chancellors is often influenced by political preferences rather than academic credentials

The recent passage of two bills in the Tamil Nadu State Assembly amending various acts regulating the thirteen state universities, including the prestigious Madras University, to replace the “Chancellor” ( who is the state Governor) with the “Government” has once again, brought the issue of appointment of Vice-Chancellors(VC’s) to the limelight. It’s the Chancellor who appoints the VCs.

The two bills state, “It is considered that in line of the aforesaid (Gujarat and Telengana) State University Laws, the Government of Tamil Nadu should be empowered to appoint the Vice-Chancellors of the State Universities.”. 

The DMK Government had been at loggerheads with the Governor on his inaction regarding the bills passed by the state assembly on exempting Tamil Nadu from NEET. The DMK has often accused the Governor of pushing the Centre’s agenda at the cost of the interests of the state. Accusing the Governor of disregarding the state government’s opinion on the appointments of VCs, TN Chief Minister MK. Stalin told the House, “A government elected by the people being unable to appoint the Vice-Chancellor to a university run by it creates a lot of issues in the overall varsity administration. This is against the democratic principles."

Earlier, similar arguments have been made by the states of Telangana, Maharashtra, and West Bengal where there are sharp political differences between the state and the Centre on the role of Governors in the appointment of VCs.

The appointment of Vice-chancellors is often influenced by political preferences rather than academic credentials. Consequently, the office of the Vice-chancellor has lost its dignity, creditability, and autonomy. Considering the case of Maharashtra where the Shiv-Sena- NCP-Congress coalition Government is in power. Under the original Act, the Maharashtra government had no say in the appointments of VCs. So, in December 2021, the Maharashtra Assembly passed a bill amending the Maha Public Universities Act,2016 to make the provision. In 2019, Trinamool Congress-led

West Bengal Government took away the power of the Governor of appointing the VCs of the state universities and also went to the extent of hinting at removing the Governor as the Chancellor of the universities. In Kerala, where the left front Government is in power, the Governor accused the state government of appointing the VC of Kannur university against his wishes. Similarly, the BJD Government in Odisha had also tried to bring appointments to state universities under its control. Recently, the Haryana State Government has also made provisions to bring the appointments of all employees including the VCs of the state universities under its preview.

What is the legal position regarding the appointment of VCs who are entrusted with the responsibilities of managing the affairs of the universities? The position is clear. Education falls under the Concurrent List. Entry 66 of the Union List clearly states “Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions.”It gives the Centre substantial authority over higher education.

Appointments to the universities and colleges are regulated through the University Grants Commission (UGC) Act which states that the (Minimum Qualifications for Appointment of Teachers and other academic staff in universities and colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018, the “Visitor/chancellor” – mostly the Governor in states- shall appoint the VC out of the panel of names recommended by search-cum- selection committees. The institutions of higher education, especially those funded by the UGC, are required to follow its regulations.

However, the actual position is that the Central Universities are mandated to follow the regulations in total whereas at times, due to certain differences of opinion the state universities defy the orders of the UGC because education is a state subject as well Gujarat and Telangana are the case studies that provide the much-needed ammunition in favour of the state universities. The Gujarat University Act,1949 clearly states that “the Vice-Chancellor shall be appointed by the State Government from amongst the three persons recommended by a search-cum-selection committee.” The Telangana Universities Act,1991 states that the search committee shall “submit a panel of three persons to the Government and it shall appoint the Vice-Chancellor from out of the said list.”

However, the situation underwent a drastic change due to the recent Judgement of the Supreme Court which observed that “ any appointment as Vice-Chancellor contrary to the provisions of the UGC Regulations can be said to violate the statutory provisions, warranting a writ of quo warranto”. It said that every subordinate legislation of the UGC, in this case, the one on Minumum Standards on appointment flows from the parent UGC Act,1956. “Therefore, being subordinate legislation, UGC Regulations become part of the Act. In case of any conflict between state legislation and central legislation, central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List of the Seventh Schedule of the Constitution”.

There is no denying the fact that over the years, the appointments to the higher office of Governors have been highly politicized and compromised. Considering the key role of the Governors in the states during times of political insecurity and crises, the ruling parties, irrespective of their political affiliations, have appointed their handpicked favorites in the position. This has led to an overall deterioration in all spheres of life –selection processes and decision making. The appointment of substandard professionals in key positions in the universities has led to frustration amongst the rank and file of the entire workforce. This explains the situation of chaos and unrest in our universities, today.

(The writer is a senior journalist and Chairman, Panwar Group of Institutions, Solan, Himachal Pradesh. The views expressed are personal.)