In the matter of appointment etc in
Universities , Governor can act
independently of State Government being a Statutory Authority as envisaged in
the given University Act as borne out by under noted judgments:-
In State of Gujrat v
Justice RA Mehta (2013) the SC held that “under the scheme of our Constitution,
the Governor is synonymous with the State Government, and can take an
independent decision upon his/her own discretion only when he/she acts as a statutory authority under a particular
Act, or under the exception(s), provided in the Constitution itself.
In Hardwari Lal v. G.D. Tapase &
Ors., AIR 1982 P & H 439, the powers of the Governor, with respect to the
appointment/removal of the Vice-Chancellor of Maharshi Dayanand University,
Rohtak under the Maharshi Dayanand University (Amendment) Act, 1980, were
considered, wherein a direction was sought with regard to the renewal of the
term of the Vice-Chancellor of the said University. Certain promises had been
made in connection with the same, while making such appointment. The Court held
that, as the Governor was the ex-officio Chancellor of the University,
therefore, by virtue of his office, he was not bound to act under the aid and
advice of the Council of Ministers.
In Vice-Chancellor,
University of Allahabad & Ors. v. Dr. Anand Prakash Mishra & Ors.,
(1997) 10 SCC 264, the Supreme Court dealt with the power of the Governor of
the State of U.P. ex-officio, with respect to all the Universities established
under the provisions of the U.P. State Universities Act, 1973 (hereinafter
referred to as `the Act 1973). Section 68 of the Act, 1973 empowers the
Chancellor to entertain any question, related to the appointment, selection,
promotion or termination of any employee in the University.The Supreme Court
held that, when the Governor ex-officio, acts as the Chancellor of a
University, he acts under Section 68 of the Act, 1973, and discharges statutory
duties as mentioned under the Act, 1973
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