The Supreme Court on Monday listed for December 2 a petition filed by the Tamil Nadu government against an interim order of the Madras High Court staying nine Acts which empowered the State, and not the Governor, to appoint Vice-Chancellors of State-run universities.
Appearing before a Bench headed by Justice Surya Kant, senior advocates A.M. Singhvi and P. Wilson, for Tamil Nadu, urged the court for an early hearing. Mr. Wilson said the appointment of Vice-Chancellors was in limbo owing to the pending litigation. Solicitor-General Tushar Mehta, appearing for the University Grants Commission, sought an adjournment. He said the court should wait for a Constitution Bench to deliver its opinion on a Presidential Reference on the Governor’s power to give assent to State Bills or refer them to the President for consideration before hearing this case. Mr. Wilson said the current case had nothing to do with the Reference. Mr. Mehta submitted that the opinion on the Presidential Reference would come anytime this week as the Chief Justice of India was retiring by the weekend.
In its petition, the State has argued that the High Court ordered a 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 Acts following the April 8 judgment.
The Acts in question are 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; and 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 the power of appointment of Vice-Chancellor from… the Chancellor and vest the same in the government,” it has submitted.
The State has also 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.
Published – November 17, 2025 10:46 pm IST
