The Indian Supreme Court has issued notice on a plea filed by the Tamil Nadu government challenging the Madras High Court's interim stay on state legislative amendments that removed governor's power to appoint vice-chancellors (VCs) of state-run universities.
A bench of Justices P S Narasimha and R Mahadevan passed the order and clubbed the matter with other similar petitions already pending in the apex court. Additionally, notice was issued to the respondents in respect of the state's prayer for interim relief. The court granted liberty to Tamil Nadu to seek an early hearing of the matter.
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"The bench issued notice and granted liberty to the state to mention the matter for an early hearing," the court recorded.
Background of the case
The Tamil Nadu government had passed 12 legislative amendments transferring the power to appoint vice-chancellors from the governor to the state government. These changes were made following the Supreme Court's judgment in the "TN Governor case", which clarified the scope of the governor's authority.
However, these amendments were challenged in the Madras High Court by K Venkatachalapathy (respondent no. 1), who argued that the new state laws contradicted central law—particularly the UGC regulations. As per UGC norms, vice-chancellors are to be appointed by the chancellor from a panel recommended by a search committee. Venkatachalapathy claimed that the amendments violate these regulations and are therefore repugnant to central law.
Despite protests from the Tamil Nadu Higher Education Department (TNHED) and the state advocate general, the high court passed an interim order on May 21, staying the implementation of the amendments.
The advocate general had opposed the stay, saying that “the Supreme Court had already made it clear that the law should not be stayed casually unless it is found ex facie unconstitutional”.
TNHED also informed the high court that a transfer petition regarding the matter was already pending before the Supreme Court and requested a stay of the proceedings. However, this request was rejected.
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The state also made a serious allegation that the gazette notification relied upon by the petitioner was forged. The department requested a CB-CID probe into how a false notification was filed in court.
TNHED submitted before the High Court, "The gazette relied upon by the petitioner is not a gazette issued by the state. We want a CB-CID probe into the matter."
Nevertheless, the Madras High Court continued hearing the writ petitions and stayed the amendments. Aggrieved by this decision, the Tamil Nadu government moved the Supreme Court seeking relief.
The matter will now be taken up by the Supreme Court along with other related cases, and further proceedings are expected soon.
Appearance: Senior Advocates Dr Abhishek Manu Singhvi, Rakesh Dwivedi and P Wilson, AoR Misha Rohatgi (for State)
Case Title: THE STATE OF TAMIL NADU AND ANR. Versus K. VENKATACHALAPATHY @KUTTY AND ORS., SLP(C) No. 17220/2025