Appointment of Vice-Chancellor

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Why in News?

A dispute between the Kerala Governor (as Chancellor of state universities) and the Chief Minister over appointments of Vice-Chancellors (V-Cs) to two state universities led the Supreme Court to appoint a panel headed by Justice Sudhanshu Dhulia to recommend names in order of preference.

Description:

State Universities — Role of the Governor:

1.    Governor as Ex-Officio Chancellor:

  • In most states, the Governor is the ex-officio Chancellor of all state universities.
  • As Chancellor, the Governor does not act on the aid and advice of the Council of Ministers.
  • Exercises independent statutory authority on university matters.

2.   Appointment of Vice-Chancellor:

  • As per UGC Regulations, 2018, VCs are to be appointed:
    • By the Chancellor (Governor)
    • From a panel of 3–5 names in alphabetical order recommended by the Search-cum-Selection Committee (SCSC).
    • The Search-cum-Selection Committee (SCSC) is composed of nominees of the Chancellor, State Government, University, and eminent academics, as mandated by UGC Regulations, 2018.

3.   Conflict Between State Laws & UGC Regulations:

  • When the State University Act contradicts UGC Regulations, 2018, the UGC norms prevail.
  • Ground: Article 254(1) — Parliamentary law overrides repugnant state law on Concurrent List matters (education is Entry 25, Concurrent List).

4.   Practical Implications:

  • The Governor’s authority often becomes a point of tension between state executive and Raj Bhavan.
  • Supreme Court judgments uphold primacy of UGC Regulations in V-C appointments.

Constitutional & Legal Framework:

  • Education is in the Concurrent List (Entry 25).
  • UGC Act, 1956 and UGC Regulations, 2018 are central laws → prevail over conflicting state provisions under Article 254(1).
  • Governor’s role derives from State University Acts; President’s role derives from Central Universities Act, 2009.

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