Supreme Court agrees to examine Tamil Nadu's plea against Madras HC stay on nine Acts on V-C appointments in universities
A Bench of Justices PS Narasimha and R. Mahadevan issued notice to the petitioner in the High Court, advocate K. Venkatachalapathy; the Union government; the University Grants Commission (UGC); the office of the Tamil Nadu Governor; and the Human Resources and Development Ministry arraigned as respondents in the special leave petition filed by the State of Tamil Nadu.
The Bench observed that a transfer petition filed by the State, to shift the case from the Madras High Court to the top court, was already pending and scheduled to be listed soon after the summer vacations in mid July.
Tagging the petition with the transfer plea, Justice Narasimha said the parties could approach the Chief Justice of India for an early hearing. The court preferred to wait for the respondents' response to a plea by the State for an interim relief of stay of the May 21 order.
Senior advocates AM Singhvi, Rakesh Dwivedi and P. Wilson appeared for Tamil Nadu.
Solicitor General Tushar Mehta, appearing for the UGC, said the Acts were completely repugnant to the UGC Regulations of 2018.
The State argued that the High Court had ordered the stay on May 21 despite the Supreme Court, in an April 8 judgment, declaring that the Bills were granted 'deemed assent' by Governor R.N. Ravi. The State government had notified the proposed laws following the judgment.
The Acts in question include The Tamil Nadu University Amendment Act, 2020; Act No.15 of 2025-The Tamil Nadu Veterinary and Animal Sciences University (Amendment) Act, 2020; Act No.16 of 2025-The Tamil Nadu Universities Laws (Amendment) Act, 2022; Act No. 17 of 2025-The Tamil Nadu Dr. Ambedkar Law University (Amendment) Act, 2022; Act No. 18 of 2025-The Tamil Nadu Dr.M.G.R. Medical University, Chennai (Amendment) Act, 2022; Act No.19 of 2025-The Tamil Nadu Agricultural University (Amendment) Act, 2022; Act No.20 of 2025-The Tamil University (Second Amendment) Act, 2022; Act No.21 of 2025-The Tamil Nadu Fisheries University (Amendment) Act, 2023; Act No.22 of 2025-The Tamil Nadu Veterinary and Animal Sciences University (Amendment) Act, 2023.
The State has argued that there was a strong presumption of constitutionality against laws passed by the legislature.
'Courts should be slow in passing interim orders in matters challenging constitutionality of provisions and against the strong presumption of constitutionality. The High Court passed an interim order directing stay of operation of provisions which take away power of appointment of Vice Chancellor from the hands of the Chancellor and vest the same in the government,' the State's petition submitted.
Pertinently, the State has also argued that the writ petition was filed in the High Court during vacations, without pleading any urgency in the matter.
The State said its appeal has raised questions of law with wide ramifications pertaining to the issue of federalism and State autonomy to establish, regulate and administer State Universities under Entry 32 List II of the Seventh Schedule of the Constitution along with the issues pertaining to judicial impropriety and discipline in keeping a hands-off approach.
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