Madras High Court pauses provision granting Tamil Nadu authority to appoint vice-chancellors

The Madras High Court issued an interim stay on the recently enacted Acts that were automatically passed after the Supreme Court’s ruling on Governor’s powers.

These Acts, which were also notified by the Tamil Nadu government, gave the Chief Minister the power to appoint vice-chancellors to state-run universities, effectively seizing that power from the Governor.

The order marks a significant setback for the ruling DMK government and is being seen as a moral victory for Tamil Nadu Governor RN Ravi.

The high court’s decision comes in response to a public interest litigation filed by BJP functionary K Venkatachalapathy.

The petitioner argued that the ten Amendment Acts, passed after the Supreme Court’s intervention and without the Governor’s assent, were repugnant to existing University Grants Commission (UGC) regulations.

The regulations require the appointment of vice-chancellors through a process involving a search panel and approval by the Chancellor, which until recently was the Governor.

The Supreme Court had earlier laid down a historic precedent by allowing the Tamil Nadu Assembly to re-enact the ten Bills and ordering their deemed assent under Article 142 of the Constitution, bypassing the Governor’s delay.

It ruled that the Governor does not possess a ‘pocket veto’ and set a binding timeline of up to three months for gubernatorial action on legislation, depending on the nature of the Bill.