STATE OF WEST BENGAL Vs. ANINDYA SUNDAR DAS

JUDGEMENT

(1.) By its judgment dtd. 13/9/2022, a Division Bench of the High Court at Calcutta allowed a petition under Article 226 of the Constitution seeking a writ of quo warranto against the Vice-Chancellor[vc] of Calcutta University. The High Court held that the State government had no authority to appoint or re-appoint the VC under Sec. 8 of the Calcutta University Act 1979[ the Act] or by taking recourse to the residuary provisions of Sec. 60 of the Act. As a consequence, the order issued by the Special Secretary to the Government of West Bengal on 27/8/2021 re-appointing the incumbent VC of Calcutta University was set aside. The High Court has held that the VC had no authority to hold that office on the basis of the order of appointment. Both the State of West Bengal and Dr Sonali Chakravarti Banerjee, the VC whose appointment has been set aside, are in appeal.

(2.) By a notification dtd. 28/8/2017, the Chancellor of Calcutta University appointed Professor Dr Sonali Chakravarti Banerjee as the VC of Calcutta University. The notification was in exercise of the powers conferred by Sec. 8(1)(a) read with Sec. 8(2)(a) of the Act. The term of appointment was for a period of four years with effect from the date on which she joined office or until she attained the age of sixty-five or until further orders, whichever is the earliest.

(3.) The term of office of the VC was to end on 27/8/2021. The State government in the Higher Education Department submitted proposals for the re-appointment of the VC for a period of four years to the Chancellor on 4/6/2021 and 17/6/2021 which were not accepted as the Chancellor sought certain clarifications.