On August 1, 2025, the Supreme Court
modified its earlier directions concerning the appointment of Vice Chancellors
in West Bengal’s state-aided universities. The Court entrusted former Chief
Justice of India UU Lalit and the selection committee headed by him with the
authority to independently identify and recommend the most suitable candidates
for appointment in 15 universities.
A bench comprising Justice Surya Kant and
Justice Joymalya Bagchi stated that Justice Lalit and his fellow committee
members were best suited to resolve the ongoing dispute. They noted that the
committee had already interacted with the candidates and reviewed their
academic qualifications, experience, and capabilities. Accordingly, the Court
held that the committee would no longer be bound by the order of preference
submitted by the Chief Minister of West Bengal while recommending candidates.
However, it directed that the opinions and observations previously made by both
the Chief Minister and the Governor (who also serves as Chancellor of state
universities) be duly considered.
The Court specifically modified Paragraphs
18 and 21 of its July 2024 judgment to reflect that Justice Lalit and his
committee would now have the discretion to determine the merit and suitability
of each candidate independently. While the committee is expected to consider
the Governor’s remarks and assign appropriate weight to any reasons provided by
the Chief Minister in recommending a particular order of preference, it is not
obligated to follow that order.
This development came in the context of a
long-standing dispute between the West Bengal Government and Governor CV Anand
Bose regarding Vice Chancellor appointments. In July 2024, the Supreme Court
had formed the Search-cum-Selection Committee headed by Justice Lalit to
mediate the impasse and ensure a transparent and fair process for university
appointments. To date, 17 Vice Chancellors have been appointed following the
committee’s recommendations, and these appointments have received the
Chancellor’s approval.
During the hearing, the Court reviewed
Justice Lalit's latest report, submitted on July 11, 2025, which detailed the
differing views of the Governor and Chief Minister regarding the remaining 15
appointments. In seven cases, the Chancellor had selected candidates ranked
second in the Chief Minister's preference list. In eight cases, he had opted
for those ranked third. Justice Lalit’s report had not provided an independent
opinion on these variations, prompting the Court to update the earlier process.
Originally, the July 2024 judgment required
both the Chancellor and the Chief Minister to record objections to any
candidate, with the final decision resting with the Court. However, the bench
held that this procedure needed revision. To expedite resolution, it granted
the committee the authority to form its own preference list and make final
recommendations without further intervention from the Court.
The bench requested Justice Lalit and his
fellow committee members to complete the remaining appointments as soon as
possible. The matter has been listed for further hearing in four weeks.
Regarding Rabindra Bharati University, the
Court directed the Chancellor to approve the appointment of Professor Dr.
Sonali Chakraborty Banerjee, whose name had been recommended by the Chief
Minister. The Chancellor had previously withheld approval on the grounds that
she had been appointed Vice Chancellor of West Bengal State University.
However, the Court was informed that she had not assumed charge at that
institution. Consequently, the Court ruled that the earlier reason for
withholding her appointment no longer applied and permitted her to resign from
West Bengal State University, if necessary, to join Rabindra Bharati
University.
For Cooch Behar Panchanan Barma University,
the Court held that if the Chancellor had no objections to the Chief Minister’s
first-preference candidate, the appointment should proceed without delay,
keeping the best interests of the students in mind.
The case stems from a Special Leave
Petition filed by the West Bengal government challenging a June 2023 Calcutta
High Court ruling that upheld interim Vice Chancellor appointments made
unilaterally by the Governor. By modifying its earlier judgment and empowering
the Justice Lalit-led committee, the Supreme Court has taken a decisive step
toward resolving the administrative deadlock over university governance in the
state.