In a significant development that intensifies the ongoing tug-of-war between the Tamil Nadu government and the Raj Bhavan, the Madras High Court has stayed the operation of amended state laws that gave the government power to appoint Vice-Chancellors (V-Cs) to 18 public universities.
This decision, delivered by Justices G.R. Swaminathan and V. Lakshminarayanan, comes just weeks after the Supreme Court’s verdict that granted "deemed assent" to ten long-pending Bills — many of which included clauses to strip the Governor of V-C appointment powers.
With this interim order, those efforts by the State government have come to a standstill. The Governor, in his capacity as Chancellor, regains the upper hand in appointments, leaving nearly a dozen state universities without appointed leaders until further court hearings.
The Legal Argument
The court acted on a petition filed by a lawyer, who argued that Tamil Nadu’s Acts violated earlier Supreme Court rulings on similar matters — particularly Sreejith P.S. vs Rajasree M.S. and Gambhirdan Gadhvi vs State of Gujarat. In both cases, V-C appointments were struck down for breaching Regulation 7.3 of the University Grants Commission (UGC) Regulations, 2018.
This regulation mandates a specific composition of the search committee involved in appointing V-Cs. The Madras High Court rejected Tamil Nadu’s claim that it had adopted UGC norms — except Regulation 7.3 — in 2021. The bench noted that taking away the Governor's power was “unconstitutional, glaring, and obvious.”
Judicial Overreach or Justified Action?
While the judgment favors constitutional checks and balances, legal experts question the urgency. The High Court passed the order without waiting for the State to file its full counter-affidavit. Moreover, the State had already moved the Supreme Court seeking a transfer of the matter, which was acknowledged but not factored into the interim stay.
This raises concerns about judicial propriety, as it is conventionally expected that lower courts wait when the apex court is about to hear the matter.
What Lies Ahead?
The situation now reflects a larger constitutional question: Can UGC regulations, which come from a subordinate authority, override laws passed by an elected State legislature? While earlier verdicts offer conflicting answers — from Kalyani Mathivanan to Jagdish Prasad Sharma — legal scholars suggest it is high time the Supreme Court offers a clear, final ruling.
Until then, Tamil Nadu’s universities remain caught in a power vacuum, and the debate over who truly controls higher education in India — the Centre, the States, or the UGC — is far from over.
