- The Kerala government informed the Kerala High Court that the Governor, the Chancellor of universities, has no power to unilaterally constitute search-cum-selection committees for appointment of Vice-Chancellors for six State-run universities.
- State public universities are established through laws passed by state legislatures.
Role of Governor in State Universities
- In most states, the Governor is designated as the Chancellor of state universities, except in Telangana, where the Chancellor is appointed by the state government.
- The Chancellor serves as the head of public universities and appoints the ViceChancellor.
- The Chancellor can invalidate any university proceedings that violate existing laws.
- The Chancellor presides over university convocations and confirms honorary degree proposals.
- The Chancellor chairs meetings of university bodies (e.g., Court/Senate) that decide on general policy matters such as:
- Establishing new university departments
- Conferring and withdrawing degrees and titles
- Instituting fellowships
- Governor’s discretion in his capacity as Chancellor
- In 1997, the Supreme Court held that the Governor was not bound by the aid and advice of the Council of Ministers while discharging duties of a separate statutory office such as the Chancellor.
- The Sarkaria and Punchi Commission concurred that while discharging statutory functions, the Governor is not legally bound by the aid and advice of the Council of Ministers.
- Appointment of Vice Chancellors of state universities as per UGC Regulations, 2018:
- Appointees must have the highest level of competence, integrity, morality, and institutional commitment.
- Selection should involve a Search Committee identifying a panel of 3-5 candidates through public notification, nomination, or a talent search process, or a combination thereof.
- The Search Committee’s composition should align with the relevant university’s laws/statutes.
- The Chancellor appoints the Vice-Chancellor from the Search Committee’s recommended panel.
- Candidates should be distinguished academics with at least ten years of experience as a professor or in an equivalent position in a renowned research/academic administrative organization.
- In case of conflict between the State University Act and UGC Regulations, 2018, the UGC Regulations shall prevail as per Article 254(1) of the Indian Constitution.
Dig Deeper: Read about the discretionary powers of the Governor under the Constitution.
