'Won't Permit Mudslinging On A Former CJI': Supreme Court Rejects Third Party's Plea For Justice Lalit's Report In WB VC Appointment Case

In the matter pertaining to the appointment of Vice Chancellors for certain West Bengal Universities, the Supreme Court today refused to entertain a lawyer's request for making available a copy of former CJI UU Lalit's report.

"We will not allow anyone to comment on the report. Only 2 persons were permitted, Chief Minister and Chancellor...if you people think you will be allowed, there's no question. We will not provide any copy for the purpose of you people indulging in mudslinging on a former CJI who we selected with the consent of AG and senior counsels from state's side...only because of your vested interest", said Justice Surya Kant.

A Bench of Justices Kant and N Kotiswar Singh adjourned the matter to tomorrow, to ascertain Justice Lalit's availability to consider the material placed before the Court by Attorney General R Venkataramani.

Asking the counsels to find out the availability of Justice Lalit, Justice Kant dictated, "Learned AG has handed over record of selection alongwith the material presumably received after selection process was over in a sealed cover, which is taken on record."

Last month, the Court was informed that 19 out of 36 candidates to the post of VC had been cleared and appointed. Today, drawing attention to the order, Senior Advocate Jaideep Gupta (for WB) urged that appointments to the largest universities are pending and 2 weeks' time was given for taking final decision with respect to the remaining recommendees. "17 universities are in a limbo", he said.

The AG, on the other hand, submitted that he has repeatedly reached out to the Governor but there is some lack of consensus on the remaining names. "He (Governor) said whatever objections he has, I should bonafide place before the Chief Minister...I put it to the Chief Minister...but there is some lack of consensus. He says I find it difficult to say yes to somebody who I think should not be otherwise [Vice] Chancellor. That is why we thought we should leave it to your lordships...", the AG said.

"That material must have been examined by Justice Lalit's Committee?" Justice Kant asked. Answering in the negative, the AG said that he was carrying the material in a sealed cover and could place it before the Court.

Hearing the submissions, and pursuant to the parties' agreement in that regard, the Court deemed it fit that the relevant material be first placed before Justice Lalit's Committee. The matter was accordingly adjourned to ascertain if and when Justice Lalit is available.

The Court was dealing with a special leave petition filed by the State of West Bengal challenging the June 2023 judgment of the Calcutta High Court upholding the interim vice-chancellor appointments made by Governor Bose in 13 universities, in his capacity as the chancellor of the institutions.

In July last year, the Court delivered a judgment, constituting Search-cum-Selection Committees for Universities under the chairmanship of former Chief Justice of India UU Lalit. The Committees, encompassing five members, were to prepare a panel of three names for each university for VC appointments, alphabetically and not in order of merits. Three months were given to complete the process. The Court also made it clear that it will make the final decision in cases where one party objects to the shortlisted names and the other party does not accept such objections.

Appearance: Senior Advocate Jaideep Gupta (for the State of West Bengal); Attorney General R Venkataramani (for Governor CV Ananda Bose)

Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023

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