Supreme Court sets aside Madras High Court’s stay of TN University Amendments Acts
The Supreme Court on Wednesday requested the Madras high court to decide the contentious Tamil Nadu laws replacing the Governor with the state government in matters of appointment of vice chancellors in state universities, preferably within six weeks.
The top court vacated an interim stay on these laws passed by the high court on May 21, 2025 by recording an undertaking given by the state not to make any appointments till a final decision by the court.
A bench headed by Chief Justice of India (CJI) Surya Kant passed the order on an appeal filed by the state government objecting to the stay order of May 21, 2025 being passed by the Madras high court without giving them an opportunity to respond.
The petition in the high court filed by one K Venkatachalapathy alleged that the laws amended the various statutes governing state universities and fall foul of Regulation 7.3 of the 2018 Regulations issued by the University Grants Commission (UGC) prescribing qualifications for appointment of teachers and academic staff.
“We are not examining the matter on merits but the way in which the order came to be passed,” said the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi. Sending the matter back to the high court, the top court said, “Since the main case is pending before the high court and the impugned judgment (of May 21) is an interlocutory (provisional) but in all sense has the effect of a final order, we do not wish to express any opinion on merits. All we wish to say is that the state and the appropriate authorities need to be given a hearing before passing the judgment.”
Citing this “technical” ground, the order said, “On this ground alone, the judgment is set aside and matter is remitted to the High Court at Madras.” The CJI-led bench requested the HC chief justice to assign the matter to a bench presided by him or any judge of his choice as the present CJ Manindra Mohan Shrivastava has barely a month to retire.