CHENNAI: The Madras High Court on Wednesday sought the state government’s reply to a petition seeking to declare ultra vires the amendment Acts and a gazette notification which takes away the powers of the governor-chancellor to appoint vice chancellors to state universities and vests them with the state government.
A division bench of justices GR Swaminathan and V Lakshminarayanan directed the government to file the reply within a week while admitting the main petition, which prayed for the declaration.
However, he adjourned the hearing of the connected petitions seeking interim stay on the operation of the amendment Acts and the notification and further proceedings by a week.
The petitioner K Venkatachalapathy alias Kutty, who is also associated with the BJP, has challenged the legality of TN Fisheries University (Amendment) Act, 2020, TN Veterinary and Animal Sciences University (Amendment) Act, 2020, TN Universities Laws (Amendment) Act, 2022, Chennai University (Amendment) Act, 2022, TN Siddha Medical University Act, 2022, TN Dr Ambedkar Law University (Amendment) Act, 2022, TN Universities Laws (Second Amendment) Act, 2022, TN Dr MGR Medical University (Amendment) Act, 2022 and the TN Veterinary and Animal Sciences University (Amendment) Act, 2023.
These acts were notified by the state government on April 11, 2025 subsequent to the orders of the Supreme Court passed on April 8, 2025 declaring that these Acts were deemed to have been assented to by the governor on the date on which these bills were presented to him for assent. The petitioner has also challenged the legality of the notification.
Advocate VR Shanmuganathan, appearing for the petitioner, told the bench that the acts and the notification are inconsistent with the Central Act (UGC Act) and the regulations, thereunder, particularly regulation 7.3 and so, shall be declared unconstitutional. Advocate General PS Raman said a detailed counter affidavit to the petitions has to be filed and the matter involves different government departments and so, the petitions may be taken up after vacation but the bench did not agree to it.
Senior counsel P Wilson, representing the higher education department, also submitted certain petitions connected to the issues are pending with the Supreme Court and there is no urgency in hearing the current petitions within the short duration of time. He informed the bench that it is within the powers of the state government under List II Entry-32 of the Constitution to regulate the universities and their administration.
According to the petition, the legislations to transfer the powers of appointing the V-Cs from the governor-chancellor to the state government violate rule 7.3 of the UGC regulations, 2018, which mandates the V-C be appointed by the chancellor from a panel recommended by a search committee constituted under the regulations.
It said the UGC regulations on minimum qualifications for appointment of teachers and other academic staff in universities and colleges, apply to all the central, state, provincial universities and affiliated or constituent colleges.
The petitioner said the April 11 notification is challenged as illegal and unconstitutional on specific grounds not addressed by the apex court in its verdict.