Govt cannot usurp powers of Governor as Chancellor of a University: SC

The Supreme Court upheld the judgment of Kolkata high court setting aside the reappointment of Sonali Chatterjee as VC of the Kolkata university for a second term.

The consent of the Governor as Chancellor of the university was necessary for reappointment as stipulated in the University Act.

But the chancellor had objected to it on valid grounds. Thereby the Government, by amending the Act, dispensed with the consent of the Chancellor.

When a public interest litigation was filed challenging the amendment, the High Court nullified it as illegal and unjust.

The High court set aside the reappointment terming it as a colourable exercise of power cutting at the very root of the Act. That amounts to usurping the powers of the Chancellor according to Supreme Court.

SC said it fully endorses the view of the High Court and no reason is there to interfere with its conclusions.

The SC observed that the action of the Government defeats the very purpose of the legislation and amounts to subversion of rule of law.