38.6c New Delhi, India, Friday, August 08, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC upholds HC order quashing re-appointment of Dr Sonali as Calcutta University V-C [Read Judgment]

By LawStreet News Network      12 October, 2022 06:15 PM      0 Comments
SC upholds HC order quashing re-appointment of Dr Sonali as Calcutta University V-C

NEW DELHI: In a setback to the West Bengal government, the Supreme Court on Tuesday dismissed its plea against the Calcutta High Court's order that had quashed re-appointment of Prof Dr Sonali Chakravarti Banerjee as Calcutta University's Vice Chancellor.

She is wife of former IAS officer Alapan Bandyopadhyay, now serving as the Chief Advisor to the Chief Minister.

The Mamata Banerjee government's decision for re-appointment was objected to by the Chancellor, i e, Governor.

Upholding the High Court's judgement, a bench of Justices D Y Chandrachud and Hima Kohli said,  "The State government chose the incorrect path under Section 60 (of the Calcutta University Act) by misusing the removal of difficulty clause to usurp the power of the Chancellor to make the appointment."

Prof Sonali was re-appointed with effect from August 28, 2021 for a period of four years.

She is a daughter of Bengali poet Nirendranath Chakravarty and freedom fighter Sushama Chakravarti.

Her appointment was challenged before the High Court in a PIL.

The HC concluded that the scheme of Section 8 of the Act empowered only the Chancellor to appoint, re-appoint, temporarily appoint or remove the VC.

"In other words, the State government has no power to appoint or re-appoint the VC," the HC had said.

In its decision on appeal by the state government, the top court said the High Court's judgement is correct and does not call for any interference.

"The High Court in our view was justified in coming to the conclusion that in the guise of removing the difficulties, the State cannot change the scheme and essential provisions of the Act, the bench said.

The bench further said, "A government cannot misuse the removal of difficulty clause to remove all obstacles in its path which arise due to statutory restrictions. Allowing such actions would be antithetical to the rule of law. Misusing the limited power granted to make minor adaptations and peripheral adjustments in a statute for making its implementation effective, to side-step the provisions of the statute altogether would defeat the purpose of the legislation."

Read Judgment



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

in-house-procedure-had-legal-sanctity-sc-dismisses-justice-varmas-plea-against-recommendation-for-removal
Trending Judiciary
'In-house procedure had legal sanctity,' SC dismisses Justice Varma's plea against recommendation for removal

SC upholds in-house probe into Justice Varma, dismisses his plea against removal; says process is legally valid and judge’s conduct lacked credibility.

07 August, 2025 12:05 PM
sole-testimony-of-victim-even-without-medical-evidence-sufficient-to-uphold-rape-conviction-sc
Trending Judiciary
Sole testimony of victim even without medical evidence sufficient to uphold rape conviction: SC [Read Judgment]

SC: Victim’s sole testimony, even without medical evidence, sufficient to uphold rape conviction if found credible and consistent.

07 August, 2025 03:11 PM

TOP STORIES

bengaluru-court-convicts-ex-mp-prajwal-revanna-in-rape-case
Trending Judiciary
Bengaluru court convicts ex MP Prajwal Revanna in rape case

Bengaluru court convicts ex-MP Prajwal Revanna in rape case linked to explicit videos; one of four sexual abuse cases filed against him.

04 August, 2025 11:07 AM
sc-sets-aside-order-declaring-man-as-juvenile-on-basis-of-school-certificate
Trending Judiciary
SC sets aside order declaring man as juvenile on basis of school certificate [Read Judgment]

SC: School certificate from private school not valid proof of age, sets aside order declaring murder accused as juvenile.

04 August, 2025 11:24 AM
hp-may-vanish-in-thin-air-god-forbid-sc-on-ecological-imbalance-in-himachal-pradesh
Trending Judiciary
‘HP may vanish in thin air, God forbid', SC on ecological imbalance in Himachal Pradesh [Read Order]

SC warns HP may vanish due to ecological imbalance; seeks state’s action plan amid rising disasters, deforestation, and climate change threats.

04 August, 2025 11:31 AM
sc-grants-4-weeks-time-to-centre-to-frame-guidelines
Trending Judiciary
SC grants 4 weeks time to Centre to frame guidelines to ensure pedestrians right to use footpath

SC gives Centre 4 weeks to frame guidelines ensuring pedestrians’ right to obstruction-free, accessible footpaths under Article 21.

04 August, 2025 11:41 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email