The Supreme Court of India, in the matter titled The State of Tamil Nadu and Anr. v. K. Venkatachalapathy @ Kutty and Ors. [SLP(C) No. 17220/2025], has issued notice on a special leave petition filed by the Tamil Nadu government challenging the Madras High Court’s interim stay on legislative amendments that removed the Governor’s power to appoint Vice Chancellors (VCs) of state-run universities.
A bench comprising Justices P.S. Narasimha and R. Mahadevan passed the order and also tagged the matter with other similar pending petitions before the apex court. Notice was also issued to the respondents on the State’s prayer for interim relief, with liberty granted to seek early hearing.
Background of the Dispute
The amendments passed by the Tamil Nadu Legislative Assembly sought to transfer the power of appointing VCs from the Governor to the State Government. These amendments were enacted in light of the Supreme Court’s earlier ruling in the Tamil Nadu Governor case, which clarified the limits of the Governor’s powers in the administration of state universities.
However, Respondent No. 1—K. Venkatachalapathy—challenged the amendments before the Madras High Court, alleging that the 12 amendments were repugnant to the Central law, namely the UGC Regulations. He contended that as per these regulations, Vice Chancellors must be appointed by the Chancellor (usually the Governor) from a panel recommended by a Search Committee. Vesting this power in the State Government, he claimed, would override the Chancellor’s statutory role and create a conflict with Central law.
High Court Proceedings
The matter was heard on May 21, 2025, when the Tamil Nadu Higher Education Department (TNHED) submitted before the High Court that the State’s transfer petition was already pending before the Supreme Court, and urged the High Court to defer the matter until the apex court took up the issue.
The Advocate General for Tamil Nadu also argued against the interim stay, highlighting that:
“The Supreme Court has ruled against staying of legislation as a matter of course unless found to be ex facie illegal.”
In addition, the State pointed out that the Gazette Notification relied upon by the petitioners was forged, and suggested that a CB-CID inquiry be conducted to investigate the submission of the alleged fake notification in court.
Despite these submissions, the Madras High Court proceeded to hear the petitioners and granted a stay on the operation of the amendments, leading to the State’s present appeal before the Supreme Court.
Current Status
The Supreme Court, while issuing notice, acknowledged the gravity of the matter and directed that it be tagged with similar petitions already pending before it. The State Government’s prayer for interim relief has been noted, and it has been given liberty to request an early hearing.
The case involves high constitutional and legal significance concerning the federal division of powers, autonomy of educational institutions, and the validity of state legislation vis-à-vis central norms like the UGC Regulations.
Appearance
Senior Advocates Dr. Abhishek Manu Singhvi, Rakesh Dwivedi, and P. Wilson appeared for the State of Tamil Nadu. Advocate-on-Record Misha Rohatgi was also part of the legal team representing the petitioners.
