Bengal Education Department writes to Governor’s House, says remarks made against it ‘unwarranted’

KOLKATA: Calling out the remarks made by the Raj Bhavan in a letter to state universities as “unwarranted” and “against the letter and spirit” of Article 166 (3) of the Constitution, the Higher Education department issued a letter to the senior special secretary of the Governor CV Ananda Bose on Friday.

Referring to the letter dated January 5, the Higher Education department stated: “Rules of Business framed in conformity with Article 166 (3) of the Constitution of India envisages that the state government owes some duties and obligations in the matter of administration and management of the state-aided universities. The unwarranted remarks made in the said letter under reference militated palpably against the letter and spirit of the said provision of the Constitution.”

In the letter by Raj Bhavan to Vice-Chancellors of the state-aided universities, it was stated: “It is reported by heads of universities that they are receiving unauthorised instructions from different sources particularly from Bengal’s Department of Higher Education, directing them to do things which are not within the ambit of law or are violative of the orders of the High Court and Supreme Court. The officiating Vice-Chancellors may bring such correspondence to the office of the Chancellor before proceeding further in the matter.”

It further stated: “It may be noted that universities is a corporate body and all officers of the university will work under the orders of the Vice-Chancellor.” The letter cited orders of the Supreme Court and Calcutta High Court on appointment or re-appointment of V-C.

In reply to this letter, the Higher Education department quoted the order of the apex court in connection with SLP 17403/2023 which stayed ad hoc appointments by ordering: “...Further, no appointment of ad hoc or acting Vice-Chancellor will be made in any University till further orders.” The department further stated that the provision for appointment of the Chancellor also confers authority upon the department to make communications with the state-aided universities in discharge of its statutory obligations.

The department further pointed out that there is no provision of Secretariat of Chancellor either in any Act or statute or rules. “While the post of the Governor is constitutional, the post of Chancellor is a statutory one. Therefore, you are requested to send a reply to this end stating clearly the provisions under which communications have been sent to different state-aided universities from your end, including the letter referred above,” the department stated.