In a significant decision regarding the appointment of Vice Chancellors (VCs) for certain universities in West Bengal, the Supreme Court has firmly rejected a lawyer's request to access the report prepared by former Chief Justice of India (CJI) UU Lalit. The bench, comprising Justices Surya Kant and N Kotiswar Singh, clarified that only two individuals—the Chief Minister and the Chancellor—were authorized to view the report.
"We will not allow anyone to comment on the report. Only two persons were permitted, Chief Minister and Chancellor... if you people think you will be allowed, there's no question," Justice Surya Kant emphasized, dismissing any possibility of making the report accessible to others.
The bench further highlighted that its decision was aimed at preventing any attempts to "mudsling" the reputation of a former CJI. Justice Kant explained, "We will not provide any copy for the purpose of you people indulging in mudslinging on a former CJI who we selected with the consent of AG and senior counsels from the state's side."
During the proceedings, the bench adjourned the matter to confirm Justice Lalit’s availability for reviewing the material presented by Attorney General R Venkataramani. The AG submitted a sealed cover containing records related to the selection of VCs, which was officially taken on record.
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Justice Kant directed the counsels to confirm Justice Lalit’s availability, stating, "Learned AG has handed over the record of selection along with the material presumably received after the selection process was over in a sealed cover, which is taken on record."
The court also addressed the ongoing dispute over pending VC appointments in West Bengal. Senior Advocate Jaideep Gupta, representing the state, pointed out that 19 out of 36 candidates had been cleared and appointed, but appointments for several prominent universities were still pending. "Seventeen universities are in a limbo," he noted.
The Attorney General, on the other hand, explained the delay was due to a lack of consensus between the Governor and the Chief Minister over the remaining candidates. He stated, "I put it to the Chief Minister...but there is some lack of consensus."
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The Supreme Court emphasized that the material related to the selection process must be reviewed by Justice Lalit’s committee. The matter was adjourned to ensure his availability and participation in the review process.
The case stems from a special leave petition filed by the State of West Bengal, challenging a June 2023 Calcutta High Court judgment that upheld the interim VC appointments made by Governor Bose in 13 universities.
Appearance: Senior Advocate Jaideep Gupta (for the State of West Bengal); Attorney General R Venkataramani (for Governor CV Ananda Bose)
Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023
