A case for pragmatic approach in T.N.

Tamil Nadu Chief Minister M.K. Stalin being greeted with flower bouquet by Govi. Chezhiaan after the swearing-in ceremony at Raj Bhavan in Chennai
| Photo Credit: B. Jothi Ramalingam

Immediately after Govi Chezhiaan, a three-time legislator from Thiruvidaimaruthur in Tamil Nadu’s Cauvery delta and a member of SC community, was inducted as the Higher Education Minister in late September, he sounded conciliatory towards Governor-Chancellor R.N. Ravi, with whom the DMK government has been having a running battle over many matters, especially over appointment of Vice-Chancellors to various universities.

When Mr. Chezhiaan interacted with the media for the first time as Minister, he conveyed the advice given to him by Chief Minister M.K. Stalin: to avoid tussles and follow the rules and regulations in the interest of the students. However, in no time, the expectations of a cordial relationship between the Governor and the State government disappeared with old issues getting revived.

In the past week, the State witnessed a familiar controversy between the two institutions over the appointment of V-C. The trigger for the latest round came when Mr. Ravi objected on December 18 to a government order, issued on December 9,on the constitution ofa search committee for shortlisting a set of candidates for V-C of the Annamalai University. According to the Governor, this order, which had ignored the 2018 UGC Regulations [7.3 – ii] on the subject by excluding the nominee of the University Grants Commission (UGC) Chairman from the panel, “violates Supreme Court judgments.” As per the regulations, there has to be a panel of 3-5 persons, including a nominee of the UGC chief, for the selection of V-Cs of State, private, and ‘deemed to be’ universities.

The next day, Mr. Chezhiaan issued a statement. He stated that the State government had been following laws enacted by the State legislature. It did not accept the stipulation concerned (7.3 – ii) when its Higher Education department came out with an order in January 2021. The order, issued bythe previous AIADMK regime, had marked the general acceptance of the UGC Regulations on minimum qualifications for the appointment of teachers and other academic staff in universities and colleges under the control of the State Higher Education department. However, the order was categorical in stating that the “appointment and selection of the Vice-Chancellor” of 12 universities would be governed by provisions of the Tamil Nadu Universities Laws (amendment), 2017, and in respect of Madras University, the existing provisions of the relevant 1923 law would do.

He further contended that it was the “prerogative” of the State government to accept the regulations, which were “only recommendations” in nature. He also quoted Supreme Court’s verdict in theJagdish Prasad Sharma vs State Of Bihar (2013) case, that said “Education now being a List III subject, the State government is at liberty to frame its own laws relating to education in the State and is not, therefore, bound to accept or follow the regulations framed by the UGC” and in the event of the States’ willingness to adopt the regulations, they would have to abide by the conditions laid down by the Commission.

In fact, on the very same issue, the Governor, in 2023, issued notifications constituting Search-cum-Selection Committees for the identification of candidates for appointment of V-Cs of the Bharathiar, Madras, and the Tamil Nadu Teachers Education Universities. This prompted the State government to approach the Supreme Court in November 2023, where the case was pending. In January this year, Mr. Ravi took back the notifications.

Subsequent to the Minister’s response, there was one more round ofexchange of words between him and Mr. Ravi. But, what is at stake is the fate of six universities, which do not have V-Cs for months, the earliest vacancy being at Bharathiar University since October 2022.Madras University has remained headless since August 2023. In addition, there are two universities wherein the extended tenure of V-Cs is due for expiry in February and May 2025.Ironically, it was to ensure that universities enjoyed the continuity of V-Cs that the State, in May 2017, promulgated ordinances.

Notwithstanding the correctness or otherwise of the respective position of the Governor and the State government, both institutions, in the interests of the students, should adopt a pragmatic approach and resolve all the outstanding issues as early as possible.