SC fixes Dec 2 for hearing Tamil Nadu's plea against HC order staying law to appoint VCs
SC fixes Dec 2 for hearing Tamil Nadu's plea against HC order staying law to appoint VCs
New Delhi, The Supreme Court on Monday agreed to hear on December 2, a plea of the Tamil Nadu government challenging the Madras High Court's order, staying the operation of state amendments taking away the governor's power to appoint vice-chancellors in universities.
A bench of Justices Surya Kant and Joymalya Bagchi, which was initially inclined to remit the matter back to the high court for hearing with a direction to accord a detailed opportunity to the state to canvas its point, said that in the first week, it would hear the plea.
Solicitor General Tushar Mehta, appearing for the governor, said that the issue may be covered in the judgment on the Presidential reference on the powers of the governor, which is likely to be pronounced by a bench headed by Chief Justice of India B R Gavai.
Senior advocates Abhishek Singhvi and P Wilson, appearing for the Tamil Nadu government, said the court may keep the issue pending for a week's time and can see whether it is covered under the verdict or not.
The bench said it would have been better if it gets the benefit of the view of the high court.
The State has also filed a petition seeking to transfer to the apex court the PIL challenging the state’s amendment pending before the high court.
Singhvi said in his view, the instant case has nothing to do with the Presidential Reference, and the apex court can easily look into it.
Wilson pointed out that of the 22 universities in the state, 14 are headless, and the court may urgently take up this matter and decide the issue either way.
"I am unable to do anything in the state. Ex-parte stay was granted. The presidential reference decision has no impact on this. The question is who can be the appointing authority. There is some urgency involved here," he said.
On May 21, the high court, while hearing a PIL, stayed the state amendments, which were brought in pursuant to the Supreme Court's judgment in the Tamil Nadu Governor case, which laid down specific timelines for giving assent to bills passed by the assembly and gave deemed assent to ten bills held by the governor.
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