The Supreme Court on Thursday asked Bengal governor C.V. Ananda Bose and chief minister Mamata Banerjee to examine a confidential report submitted by former Chief Justice of India U.U. Lalit relating to his findings and recommendations for the smooth appointment of vice-chancellors of around 34 universities in the state.
The matter came before the apex court owing to the differences of opinion between the offices of the governor and chief minister on the VC appointments.
A bench of Justice Surya Kant and Justice Joymalya Bagchi passed the order after taking on record Justice Lalit’s report submitted to it in a sealed cover.
Justice Surya Kant, heading the bench, orally told Attorney General R. Venkataramani, appearing for Bose, and senior counsels Abhishek Manu Singhvi and Jaideep Gupta appearing for Bengal, that the former CJI had done a painstaking and admirable job.
Agreeing, Venkataramani assured the court that both sides would sit together and see “how best we can resolve the issue”.
Justice Surya Kant orally observed that in the case of 19 universities the governor has agreed to the first preference suggested by the chief minister’s side. Essentially, the dispute seemed to lie with only two universities, the bench said, adding it could be resolved through mutual consultations.
Accordingly, the bench directed that the state and the governor’s office both be given a copy of Justice Lalit’s report to continue with their efforts to resolve the issue. The bench however, said no other party to the case would get a copy of the report.
“Let a copy of the report submitted by Hon’ble Justice U.U. Lalit, former judge of this court be supplied to Mr Debanjan Mandal, learned counsel…and Mr Joydeep Majumdar learned counsel. Prayer made by other counsel to supply copy of request to them is rejected,” the bench said while adjourning the matter by 10 days.
Earlier, on July 8 last year, the apex court had constituted a “Search cum Selection committees” for all universities in Bengal headed by Justice Lalit to break the logjam between Mamata and Bose over VC appointments.
The apex court had passed the order while hearing an appeal filed by Bengal government and certain PIL petitioners challenging Calcutta High Court’s concurrent judgments of a single judge and division bench judgment upholding the interim appointments made by the state governor to various universities in the state following the impasse between the two constitutional functionaries.
The order was passed under the Supreme Court’s extraordinary powers under Article 142 with the consent of the two disputing sides. “We will not entertain any objection from any side for non-compliance,” the order said.
However, in case of any differences between the chief minister and the governor on the final appointments, the Supreme Court would have the last word, it had added.