The controversy over the appointment of Vice-Chancellors in West Bengal's state-aided universities has led to multiple legal challenges and public interest litigations. The High Court and the Supreme Court have been involved in resolving disputes between the State Government and the Governor (the Chancellor of the universities) regarding the constitution of Search Committees for selecting Vice-Chancellors. To address the stalemate, the Supreme Court has decided to constitute Search-cum-Selection Committees with a common composition for all universities, aiming to ensure transparency, independence, and fairness in the selection process. The Court has appointed Hon'ble Mr. Justice Uday Umesh Lalit, Former Chief Justice of India, as Chairperson of these committees.

Background of the Controversy

• State-Aided Universities in West Bengal: There are approximately 35 state-aided universities in West Bengal.
• Appointment of Vice-Chancellors in 2022: The State Government appointed 24 Vice-Chancellors, which was later challenged and deemed unsustainable by the High Court due to non-compliance with UGC regulations.

Legal Proceedings and Court Judgments

• High Court's Ruling (14.03.2023): The Search Committee for selecting Vice-Chancellors lacked a UGC-nominated member, making the appointments unlawful.
• Supreme Court's Involvement: The Division Bench judgment was upheld, and further disputes led to multiple court orders.

Amendments and Interim Arrangements

• State Amendments to University Acts: Amendments were made to align with UGC's Regulations, 2018.
• Chancellor's Interim Appointments: Interim Vice-Chancellors were appointed, leading to further litigation and High Court dismissal of the challenges.

Supreme Court's Orders and Stalemate

• Stay on Interim Appointments (06.10.2023): The Court stayed the Chancellor's appointments without consulting the State Government.
• Ongoing Disputes: The lack of consensus between the State Government and the Chancellor has resulted in a stalemate.

Constitution of Search-cum-Selection Committees

• Proposal by Senior Counsel (15.09.2023): Suggestion for the Court to constitute the Search Committees.
• Formation of Search Committees: Based on submissions and consultations, the Court agreed to constitute the committees.

Categories of Universities

• Classification of Universities: Universities categorized based on predominant faculties (arts, science, commerce, etc.).

Appointment of Chairperson

• Chairperson of Search Committees: Hon'ble Mr. Justice Uday Umesh Lalit, Former Chief Justice of India, appointed as Chairperson.

List of Empaneled Experts

• Experts for Search Committees: A comprehensive list of eminent educationists, scientists, jurists, subject experts, and administrators shortlisted for the committees.

Composition and Process of Search Committees

• Constitution and Duties: Chairperson to nominate experts and constitute committees for different universities.
• Advertisement and Application Process: State Government to invite applications and forward them to the Chairperson.
• Honorarium and Facilities: Details of honorarium and facilities for the Chairperson and committee members.

Recommendations and Appointment Procedure

• Role of Chief Minister and Chancellor: Recommendations by the Search Committees to be considered by the Chief Minister and approved by the Chancellor.
• Notification of Appointments: Appointments to be notified by the State Government.

Conclusion

• Aim of the Order: Ensure transparency, independence, and fairness in the appointment of Vice-Chancellors in West Bengal's state-aided universities.