THE STATE OF WEST BENGAL versus DR. SANAT KUMAR GHOSH AND ORS.

10. We may hasten to add at this stage that notwithstanding some variance in the provisions of the Acts under which Vice-Chancellors are to be appointed, especially with regard to composition of the Search-cum-Selection Committee, we deem it appropriate to invoke our powers under Article 142 of the Constitution to do complete justice in this matter and pass this common order for constitution of Search-cum-Selection Committee for all the subject Universities. Hence, we resolve to constitute Search-cum-Selection Committee(s) of the same composition so as to avoid any confusion, irrespective of the fact that the relevant provision of the Statute of the concerned University may contain slight variations. Our endeavour is to infuse transparency, independence, fairness, and impartiality so as to ensure that the persons possessing the highest level of competence and integrity and are capable of leading the University by example are shortlisted. In this regard, we have made an effort to shortlist experts who are eminent scientists, educationists, jurists, subject experts, and administrators in their own right. We have further attempted to set out that nominees of the Chancellor, Chief Minister, UGC, State Government, the Higher Education Department of West Bengal the intervenors etc. are adequately represented.

11. While shortlisting the experts for composition of the Search-cm- Selection Committee, we have been further guided by the nature of subjects and disciplines in which education is being imparted in [2024] 7 S.C.R.  The State of West Bengal v. Dr. Sanat Kumar Ghosh and Ors. different Universities. We find that, broadly, all the Universities can be categorized as follows: i) Universities with faculties predominantly in arts and science: a) West Bengal State University b) Sidho Kanhi Birsha University c) Burdwan University d) Jadavpur University e) Gour Banga University f) Bankura University g) Presidency University h) Cooch Behar Panchanan Barma University i) Sadhu Ram Chand Murmu University of Jhargram j) Alipurduar University k) Raiganj University l) Diamond Harbour Women’s University m) Murshidabad University n) Mahatma Gandhi University o) Dakshin Dinajpur University ii) Universities with faculties predominantly in commerce and science: a) North Bengal University b) Kalyani University iii) Universities with faculties predominantly in arts: a) Kanyashree University b) Rabindra Bharati University c) Harichand Guruchand University d) Hindi University e) Biswa Bangla Biswabidyalaya 78 f) Darjeeling Hills University iv) Universities with faculties predominantly in science: a) Maulana Abdul Kalam Azad University of Technology b) Aliah University c) West Bengal University of Health Sciences d) West Bengal University of Animal and Fishery Sciences e) Kazi Nazrul University f) Rani Rashmoni Green University v) Other miscellaneous and multi-disciplinary universities: a) Calcutta University b) Sanskrit College and University c) Baba Saheb Ambedkar Education University d) Vidyasagar University e) Netaji Subhas Open University f) Uttar Banga Krishi Vishwavidyalaya g) Bidhan Chandra Krishi Vishwavidyalaya

12. We hereby appoint Hon’ble Mr. Justice Uday Umesh Lalit, Former Chief Justice of India as Chairperson of the Search-cum-Selection Committees for all the Universities.

13. Following is the list of eminent educationists, scientists, jurists, subject experts and administrators etc. who have been short-listed for the purpose of empanelment on Search-cum-Selection Committee(s): (i) Arts & Humanities a) Prof. Sabyasachi Basu Ray Chaudhury, Ex. V.C., Rabindra Bharti University. Address: 56A, BT Road, Kolkata – 700500. b) Prof. Siuli Sarkar, Principal, Lady Brabourne College. c) Prof. Sibaji Pratim Basu, Professor, Vidyasagar University. Address: Department of Political Science with Rural Administration, Vidyasagar University, Midanpore – 721102. [2024] 7 S.C.R.  The State of West Bengal v. Dr. Sanat Kumar Ghosh and Ors. d) Professor Ujjwal K Singh, Department of Political Science, University of Delhi. Email: ujjwalksingh@gmail.com; Phone no: 8800788862. (ii) History a) Prof. Tapati Guha Thakurta, Prof. in Social Sciences, Centre for Studies in Social Sciences. Address: C D 157, Salt Lake, Sector I, Kolkata – 700064. b) Prof. Amit De, Ashutosh Chair Professor of History, Calcutta University. c) Prof. Sajal Nag, Retd. Professor, Assam University. d) Prof. Rajat Kanta Roy, Former VC, Visva Bharati. e) Prof. Raghuvendra Tanwar, Chairman, Indian Council for Historical Research. Email: chairman@ichr.ac.in; Phone no: 9896219909. (iii) Sociology & Anthropology a) Prof. Ramanuj Ganguly, Professor, WBSU. Address: Flat: A-106, Mall Enclave, 13, KB Sarani, Kolkata – 700080. b) Prof. Tanka Bahadur Subba, Ex VC, Sikkim Central University. c) Prof. Ravinder Kaur, Professor of Sociology, IIT Delhi, email: ravinder.iitd@gmail.com. (iv) Economics a) Prof. Abhirup Sarkar, Professor, Indian Statistical Institute, Calcutta. Address: 10 Mandeville Gardens, Flat 802, Kolkata – 700019. b) Prof. Saibal Kar, RBI Chair Professor of Economics, Centre for Studies in Social Sciences. Address: R1, BP Township, Kolkata – 700094. c) Prof. (Dr.) Ram Singh, Director, Delhi School of Economics, University of Delhi, Delhi. Email: ramsingh@econdse.org; Phone number: 9971863030. 80 (v) Law a) Prof. Rathin Bandyopadhyay, Professor of Law, Department of Law, NBU. Address: Department of Law, University of North Bengal, Siliguri – 734013. b) Justice G. Raghuram, former Judge, Andhra Pradesh High Court and former Director, National Judicial Academy. (vi) English a) Prof. Debnarayan Bandyopadhyay, Ex VC Bankura University. Address: 20 Chandranath Chatterjee Street, Kolkata 700025. b) Prof. Anindyo Roy, Associate Professor Emeritus, Department of English, Colby College, Waterville. Email: aroy@colby.edu. c) Prof. (Dr.) Meena T. Pillai – Dean, Faculty of Arts and Professor, Institute of English and Director, Centre for Cultural Studies of University of Kerala. (vii) Hindi a) Prof. T.V. Kattimani, VC, Central Tribal University, Andhra Pradesh. b) Dr. Chander Trikha, Director, Urdu Cell, Sahitya Academy, Haryana, R/o of House No.345, Sector 22A, Chandigarh (Mob. No.09417004423). (viii) Bengali a) Prof. Mir Rejaul Karim, Professor, Aliah University. Address: Department of Bengali, Aliah University, Park Circus Campus, 17 Gorachand Road, Kolkata-700014 b) Prof. Tapadhir Bhattacharya, former VC, Assam University. (ix) Chemistry a) Prof. Abhijit Chakrabarti, Retired Professor, Saha Institute of Nuclear Physics. Email: abhijit1960@gmail.com. b) Prof. Dhrubajyoti Chattopadhyay, VC, Sister Nibedita University. [2024] 7 S.C.R.  The State of West Bengal v. Dr. Sanat Kumar Ghosh and Ors. c) Prof. Uday Maitra, FNA Deprtment of Organic Chemistry, Indian Institute of Sciences, Bangalore. Email: maitra@ iisc.ac.in. d) Prof. Ramesh Chandra, VC, Maharaja Surajmal Brij University, Bharatpur. Email: acbrdu@hotmail.com. e) Prof. Siva Umapathy, Physical Chemistry, Indian Institute of Sciences, Bangalore. Email: umapathy@iisc.ac.in (x) Physics a) Swami Atmapriayanand, VC, Ramakrishna Mission Vivekananda Educational and Research Institute. b) Prof. Amitava Mukhapadhyay, Professor, NBU. c) Prof. Amitabha Roy Chaudhuri, Deptt of Physics, CU. d) Prof. A.N. Basu, former VC, JU and distinguished Professor of Physics. (xi) Biology a) Prof. Subhra Chakraborty, Director, Genomics Research Centre, Delhi. b) Prof. B.A. Chopade, VC – AKS University, Satna, Former VC, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. c) Prof. (Dr.) Navin Sheth – former VC, Gujarat Technological University. d) Prof. Emeritus. Prof. V. S. Chauhan, Ph.D., D.Phil. (Oxon), FNA, FNASc, TWAS, Former UGC Chairman. Email: viranderschauhan@gmail.com. Phone No.: 9811292058. (xii) Botany and Zoology a) Prof. Subhas Chandra Roy, Professor, NBU b) Prof. Dipak Kumar Kar, ex VC, SKB University. Address: 409 Lake Gardens, Kolkata 700045; Phone No.: 7044577044 (xiii) Mathematics a) Prof. Kallol Paul, Professor, Jadavpur University. Address: 188 Raja SC Mallik Road, Kolkata 700032. 82 b) Prof. Suparna De Sarkar, Senior Professor, NBU. c) Prof. Tarun Das, Department of Mathematics, University of Delhi. Email: tarukd@gmail.com; Phone No.: 9911854923. (xiv) Computer Science a) Prof. Amlan Chakraborty, Calcutta University. b) Prof. Anupam Basu, Director NIT, Durgapur. c) Shri Raj Shekhar Joshi, Group Head (Digital Technology & Transformation), Joint President, Aditya Birla Group. (xv) Electrical Engineering a) Prof. Bhaskar Gupta, Professor, Jadavpur University. Address: 19C/1, Kalibari Lane, Kolkata – 700032. b) Prof. Ajoy Roy, IIT Kharagpur. c) Dr. Prith Banerjee, Chief Technology Officer of Ansys. (xvi) Chemical and Biochemcal Engineering a) Prof. Chiranjib Bhattacharya, ex Pro-VC, JU b) Prof. S.E. Hasnain, Padma Shree Awardee, National Science Chair, SERB, Department of Biochemical Engineering and Biotechnology, IIT Delhi. c) Prof. RC Kuhad, Former Vice-Chancellor, Central University of Haryana, and retired Professor of Bio- Chemistry. Email: kuhad85@gmail.com; Phone no.: 9817813027. (xvii) Civil and Mechanical Engineering a) Prof. Deepankar Choudhury, T. Kant Chair Professor and Head of Civil Engineering department at IIT Bombay. b) Prof. Sunil Kumar, VC- Rajiv Gandhi Proudyogiki Vishwavidyalay, Bhopal. (xviii) Minerals and Agricultural Engineering a) Prof. Indranil Manna, JC Bose Fellow, FTWAS, FNA, FNAE, FNASc, FASc, MAPAM, FIE(I), FEMSI, FAScT, Professor, IIT Kharagpur, Former Director, CSIR- Central [2024] 7 S.C.R.  The State of West Bengal v. Dr. Sanat Kumar Ghosh and Ors. Glass & Ceramic Institute, VC Birla Institute of Technology, Mesra. b) Prof. (Dr.) Virendra Kumar Tiwari, Director, IIT Kharagpur. (xix) International Relations a) Prof. Om Prakash Mishra, ex PVC, IGNOU & ex VC, NBU (xx) Statistics & Information Science a) Prof. Sabuj Kumar Chodhury, Professor, Department of Library & Information Science. Address: Third Floor, Asutosh Building, 87/1, College Street, Kolkata – 700073. b) Prof. Bimal Kumar Roy, Head, RC Bose Centre for Cryptology and Security, ISI Kolkata. (xxi) Physiology a) Prof. Gautam Pal, Pro VC, Kalyani University (xxii) Geology a) Prof. S.K Tandon, former Pro Vice-Chancellor and retired Professor University of Delhi. Email: sktand@iiser.ac.in; Phone no: 9810437365. (xxiii) Business and Management a) Prof. Sujit Kumar Basu, former VC, Visva Bharati University. b) Professor Errol D’Souza (former Director IIMA), Indian Institute of Management, Ahmedabad. Email: errol@ iimahd.ernet.in Phone No.: 9558820604 (xxiv) Environment and Climate a) Prof. Jayanta Bandopadhya, Retd. Professor, IIM Kolkata Environmental Studies. b) Mr. Anirban Ghosh, Eminent Technocrat & Head, Centre for Sustainability, Mahindra University. (xxv) Human Resource a) Mr. Saptarshi Roy, Technocrat & Director (HR) NTPC Ltd., New Delhi. 84 (xxvi) Miscellaneous b) Dr. S.K. Pattanayak, IAS (Retd.), Former Secretary, Deparment of Agriculture, GOI, New Delhi. c) Mr. Parimal Rai, IAS (Retd.), Former Chief Secretary, Goa. Address: 60, Poorvi Marg, Third Floor, Vasant Vihar, New Delhi. Phone no: 09779866666/09810533311.

14. The learned Chairperson is hereby authorized to constitute separate or joint Search-cum-Selection Committees for one or more Universities, keeping in view the nature of subjects/disciplines in which education is being imparted in such pooled Universities. The Chairperson is requested to nominate 4 persons out of the empaneled experts, whom he finds capable of short-listing suitable names for appointment as Vice-Chancellors. Learned Chairperson shall preside over every Search-cum-Selection Committee and thus, composition of each such Committee shall be five. The Search-cum-Selection Committee shall prepare a panel of at least 03 names (alphabetically and not in order of merit) for each University.

15. The learned Chairperson is requested to constitute the Search- cum- Selection Committees for the group or the individual Universities as early as possible and preferably within two weeks. The Department of Higher Education, Government of West Bengal is hereby nominated as the nodal department of the State Government to issue advertisements giving vide publicity to invite applications for the posts of Vice- Chancellors. Such advertisements shall contain the details of the requisite qualification and other eligibility conditions, with a specific reference to this Court’s order so as to infuse confidence, leaving no uncertainty in the minds of the meritorious aspirants in submitting their claims. The advertisements shall give four weeks’ time to submit the applications. Such applications shall be scrutinized by the concerned department of the State Government within one week and shall thereafter the entire set of all applications be placed before the learned Chairperson of the Search-cum-Selection Committee, who in turn, will get the dossier of each candidate prepared for consideration of the Search-cum-Selection Committee. The Search Committee may endeavour to complete their task within three months from today.

16. The learned Chairperson shall be paid an honorarium of Rs. 3 lakhs for every effective day of proceedings of the Search Committee, until [2024] 7 S.C.R.  The State of West Bengal v. Dr. Sanat Kumar Ghosh and Ors. the entire process is completed. The State Government, in addition to honorarium, provide the Chairperson with a suitable office and full secretarial assistance, along with transit accommodation at Kolkata. The learned Chairperson shall also be provided with an official vehicle and necessary paraphernalia forthwith, commensurate to the constitutional position held by him in the past.

17. The members of the Search-cum-Selection Committee shall be entitled to such allowance, perks, and facilities as may have been prescribed under the Statutes or by the State Government. If nothing has been prescribed, in that case, the petitioner-State shall apprise this Court of the status on the next date of hearing to enable us to pass appropriate order in this regard. Meanwhile, State Government is directed to reimburse their air fare (economy class) lodging and boarding expenses within one week of submission of such claims.

18. The recommendations made by the Search-cum-Selection Committee, duly endorsed by the learned Chairperson, shall be put up before the Chief Minister (and not the Minister-in-charge of a Department) for necessary consideration. In case the Chief Minister, State of West Bengal has reasons to believe that any short-listed person is unsuitable for appointment as Vice-Chancellor, the remarks to this effect along with supporting material and the original record of the recommendation made by the Search-cum-Selection Committee, shall be put up before the learned Chancellor within two weeks. The Chief Minister shall be entitled to recommend the shortlisted names in order of preference for appointment as Vice-Chancellors.

19. The learned Chancellor on the receipt of record from the Chief Minister of the State, shall appoint the Vice-Chancellors out of the empaneled names, in the same order of preference as recommended by the Chief Minister of the State. In case the learned Chancellor has any reservation against the empaneled names and/or the remarks made by the Chief Minister of the State against any short-listed candidate, the learned Chancellor shall be entitled to put up his own opinion on file, duly supported with reasons and relevant material.

20. The learned Chancellor shall accord his approval (save and except when there is a difference of opinion) within two weeks of receipt of file from the Chief Minister of the State. The Department of Higher Education, Government of West Bengal or any other concerned Department of the State Government are hereby directed to notify 86 the appointment within one week from the date of receipt of approval from the learned Chancellor of the University.

21. In the case(s) where the Chief Minister of the State has objected to the inclusion of any name in the panel and such objection is not acceptable to the Chancellor or where the Chancellor has an objection against empanelment of any particular name for which he has assigned his own reasons, all such files shall be put up before this Court. We make it clear that a final decision in this regard shall be taken by this Court after giving reasonable opportunity of being heard to the objectors.

22. The State of West Bengal shall file the Status Report in respect to compliance of the directions issued here-in-above before the next date of hearing. We make it clear that since the constitution and composition of Search-cum-Selection Committee is at the instance and with the consent of the parties, we will not entertain any objection from any side for non-compliance. Result of the case: Directions issued. †Headnotes prepared by: Nidhi Jain