TN Govt Approaches Supreme Court Against Stay On Amendment Which Took Away Governor's Power To Appoint VCs

The Tamil Nadu government has approached the Supreme Court challenging a Madras High Court order which stayed its recent Amendment taking away the Governor's power to appoint Vice Chancellors to State-run Universities.

The State amendments were made pursuant to the recent Supreme Court judgment defining the powers of the Governor.

The plea by the State Government challenges the stay order of the High Court mainly on the grounds that:

(1) it is violative of the decision of the Supreme Court in Health for Millions vs. Union of India and Ors which held that that Courts should be slow in passing interim orders in matters challenging constitutionality of provisions and against the strong presumption of constitutionality; 

(2) The writ petition before the High Court has been filed during vacations without pleading any urgency in the matter, the bench entertained the petition from an advocate who apparently belongs to a political party. This is in violation of the Notification No. 85/2025 dated 29.04.2025 of the High Court, which directed only “very urgent matters” to be listed before the Vacation Court; 

(3) The stay order was passed without granting any opportunity to the State to file its counter-affidavit; 

(4) When the writ petition was filed before the High Court, the State Govt moved a transfer petition before the Apex Court. On mentioning the Transfer Petition before CJI BR Gavai, he "stated that the factum of filing of Transfer Petition be brought to the notice of the High Court. Petitioner filed a memo dated 21.5.2025 bringing the same to the notice of the Hon'ble High Court which however proceeded with the hearing and passed the Impugned Order."

What Led To The Present Litigation? 

The Governor had referred 2 Bills for the Presidential consideration however, the following 10 Bills had been withheld:

1. The Tamil Nadu Fisheries University (Amendment) Bill, 2020. [LA Bill No.2 of 2020];

2. Tamil Nadu Veterinary and Animal Sciences University (Amendment) Bill, 2020. (LA Bill No.12 of 2020];

3. The Tamil Nadu Universities Laws (Amendment) Bill, 2022. [LA Bill No.24 of 2022];

4. The Tamil Nadu Dr. Ambedkar Law University (Amendment) Bill, 2022. [LA Bill No.29 of 2022];

5. The Tamil Nadu Dr. M.G.R. Medical University, Chennai (Amendment) Bill, 2022. [LA Bill No.39 of 2022];

6. The Tamil Nadu Agricultural University (Amendment) Bill, 2022. [LA Bill No.40 of 2022];

7. The Tamil Nadu Universities Laws (Second Amendment) Bill, 2022. [LA Bill No.48 of 2022];

8. The Tamil University Amendment) Bill, 2022. [LA Bill No.55 of 2022];

9. The Tamil Nadu Fisheries University (Amendment) Bill, 2023. [LA Bill No.15 of 2023];

10. Tamil Nadu Veterinary and Animal Sciences University (Amendment) Bill, 2023 [L.A. Bill No. 18 of 2023].

It is the plea of the Tamil Nadu Government that even when the 10 Bills were re-enacted by the Tamil Nadu Legislative Assembly, "the Governor, in violation to the Article 200 had referred all 10 Bills for the consideration of the President."

Subsequently, the Supreme Court in State of Tamil Nadu v. The Governor of Tamil Nadu,  declared that the ten Bills would be deemed to have received the assent of the Governor when they were presented in the second round after they were passed again by the State Assembly. 

Resultant of the decision, the State Government published Notification no. 167 and 169 dt. 11.04.2025 notifying all the 10 Acts.

Notification No. 167 consisting 9 Acts was challenged by an Advocate before the High Court. These 9 Acts were : 

Act No. 14 of 2025-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 vacation bench of Justice GR Swaminathan and Justice V Lakshminarayan passed the interim order on a plea filed by an advocate challenging the series of legislative amendments passed by the State of Tamil Nadu, transferring the powers of appointing the Vice-Chancellor from the Governor to the State Government.