THE STATE OF WEST BENGAL versus DR. SANAT KUMAR GHOSH AND ORS.

Citation: [2024] 7 S.C.R. 69 · Decided: 08-07-2024 · Supreme Court of India · Bench: SURYA KANT · Disposal: Directions issued
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2024] 7 S.C.R. 69 : 2024 INSC 469
The State of West Bengal 
v. 
Dr. Sanat Kumar Ghosh and Ors.
(Special Leave To Appeal (Civil) No. 17403 of 2023)
08 July 2024
[Surya Kant* and K.V. Viswanathan, JJ.]
Issue for Consideration
Matter pertains to the appointment of Vice-Chancellors in the 
State-aided Universities in the State of West Bengal.
Headnotes†
Universities – Appointment of Vice-Chancellors in 35 State-
aided Universities in the State of West Bengal – Dispute 
between the State Government and the Governor of West 
Bengal-Chancellor of subject Universities, as regards the 
appointment of regular Vice-Chancellors – No consensus 
between the authorities in the matter of constitution and 
composition of Search Committees for shortlisting the 
candidates for appointment as Vice Chancellors – Neither 
regular Vice-Chancellors nor interim or ad-hoc Vice-Chancellors 
permitted to be appointed – Invocation of power u/Art. 142:
Held: Order passed for constitution of Search-cum-Selection 
Committee for all the subject Universities – It is resolved to constitute 
Search-cum-Selection Committee(s) of the same composition so 
as to avoid any confusion – Endeavour is to infuse transparency, 
independence, fairness, and impartiality so as to ensure that the 
persons possessing the highest level of competence and integrity 
and are capable of leading the University – Experts who are eminent 
scientists, educationists, jurists, subject experts, and administrators 
in their own right, are shortlisted – Appointment of Hon’ble Mr. Justice 
Uday Umesh Lalit, Former Chief Justice of India as Chairperson 
of the Search-cum-Selection Committees for all the Universities in 
West Bengal – Chairperson authorized to constitute separate or 
joint Search-cum-Selection Committees for one or more Universities, 
keeping in view the nature of subjects/disciplines in which education 
is being imparted therein – Chairperson to nominate 4 persons out 
of the empaneled experts, whom he finds capable of short-listing 
suitable names for appointment as Vice-Chancellors – Chairperson 
* Author
70
[2024] 7 S.C.R.
Digital Supreme Court Reports
to constitute the Search-cum-Selection Committees for the group 
or the individual Universities as early as possible – Chairperson 
to be paid an honorarium of Rs. 3 lakhs for every effective day of 
proceedings of the Search Committee, until the entire process is 
completed – The Chief Minister, State of West Bengal to recommend 
the shortlisted names in order of preference for appointment as 
Vice-Chancellors – In case the Chief Minister has reasons to 
believe that any short-listed person is unsuitable for appointment 
as Vice-Chancellor, the remarks to this effect to be put up before 
the Chancellor –  In cases where said objection is not acceptable 
to the Chancellor or where the Chancellor has objection against 
empanelment of any particular name for which he has assigned 
his own reasons, all such files to be put up before this Court – 
Final decision in this regard to be taken by this Court after giving 
reasonable opportunity of being heard to the objectors – State of 
West Bengal to file the Status Report in respect to compliance of 
the directions issued – West Bengal University Laws (Amendment) 
Act,2012 – West Bengal Laws (Amendment) Act,2014 – Constitution 
of India – Art.142. [Paras 10,12,14-20]
List of Acts
West Bengal University Laws (Amendment) Act, 2012; West Bengal 
Laws (Amendment) Act, 2014; Calcutta University Act, 1979; 
Constitution of India; University Grants Commission Act, 1956; 
University Grants Commission’s Regulations, 2018.
List of Keywords
Universities; Appointment of Vice-Chancellors; State-aided 
Universities in West Bengal; Appointment of regular Vice-
Chancellors; Constitution and composition of Search-cum-
Selection Committees; Interim or ad-hoc Vice-Chancellors; Powers 
u/Art. 142; Appointment of Hon’ble Mr. Justice Uday Umesh Lalit, 
Former Chief Justice of India as Chairperson of the Search-cum-
Selection Committees for Universities in West Bengal; Honorarium 
of Rs. 3 lakhs to Chairperson; Filing of Status Report.
Case Arising From
CIVIL APPELLATE JURISDICTION: Special Leave To Appeal (Civil) 
No.17403 of 2023
From the Judgment and Order dated 28.06.2023 of the High Court 
at Calcutta in WPA(P) No.272 of 2023
[2024] 7 S.C.R. 
71
The State of West Bengal v. Dr. Sanat Kumar Ghosh and Ors.
Appearances for Parties
Dr. Abhishek Manu Singhvi, Jaideep Gupta, Sr. Advs., Sanjay
Excerpt shown. Read the full judgment & AI analysis in Lexace.