The Supreme Court on Friday said that if the standoff between the Tamil Nadu Governor and the state government over the appointments of Vice Chancellors was not resolved by the next date of hearing, then it would step in to resolve the issue.
After being apprised about the issue on Friday, a two-judge bench of the apex court, led by Justice J B Pardiwala and also including Justice R Mahadevan, said, "If it is resolved, well and good. Otherwise, we will resolve it." It said the next hearing will be held on January 22.
The bench made the observation after hearing an application filed by the Tamil Nadu government challenging the inaction of the Governor over bills relating to the sanction of prosecutions and other issues.
These include remission of prisoners and notifications issued by the Governor constituting search committees which have a nominee member of the UGC for the appointment of VCs.
Two writ petitions filed by the state of Tamil Nadu against the actions of the state Governor were listed before the bench on Friday.
Senior advocate Abhishek Manu Singhvi and P Wilson requested the court to allow the amendment applications filed by the state.
Senior lawyer Mukul Rohatgi and Wilson submitted that state universities didn’t have a Vice Chancellor for three years and requested the matter to be heard finally.
The Supreme Court, after hearing the arguments, allowed the applications for amendments and directed the matter to be heard. The judges wanted to know about the position that prevails today. Wilson submitted that the stalemate continues.
The TN government said that the policies and laws enacted by it are not being constitutionally mandated by the Governor. It said the acts of the Governor forced it to file the plea before the apex court.
"The Governor is not considering and granting assent to the Bills passed by the TN Legislative Assembly, thereby he is subverting the will of the people. He is not granting sanction to prosecute public servants, thereby impeding criminal investigation of heinous crimes including corruption. The governor is not approving the premature release of prisoners as advised by the government. He is keeping files pertaining to appointment of TNPSC chairman & members pending and not abiding by the advice of the Cabinet," the TN government said.
It also said that a Special Session of the Tamil Nadu Legislative Assembly was held and ten bills, for which assent was withheld by the Governor, were reconsidered and passed again for the second time in the Assembly. Thereafter these ten bills were resent by the state government to the respondent's secretariat with the recommendation of the Chief Minister and Council of Ministers to grant assent.