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Supreme Court of India 2022-10-11 dismissed

State of West Bengal vs Anindya Sundar Das & Ors

Bench: 2 — Dhananjaya Y Chandrachud, Hima Kohli

In Brief

A State government sought to re-appoint the Vice-Chancellor of Calcutta University directly, claiming statutory authority. The Supreme Court upheld the High Court's decision that the power to appoint and re-appoint the Vice-Chancellor belongs exclusively to the Chancellor (the Governor), not the State government. Although the 2019 amendment removed the requirement to follow the appointment procedure for re-appointments, it did not transfer the appointment authority to the State. The Court also held that the State cannot misuse "removal of difficulty" clauses to circumvent statutory provisions, and that UGC Regulations—having statutory force—bind State universities. A writ of quo warranto was correctly issued to invalidate the appointment.

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Constitutional Law Education Law Administrative Law Statutory Interpretation University Governance Quo Warranto Regulatory Compliance Separation of Powers

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