State says High Court’s interim stay order was passed without hearing its side and violates top court ruling
News Desk, New Delhi, 04-May: The Tamil Nadu Government has approached the Supreme Court, challenging a recent Madras High Court order that stayed a new law taking away the Governor’s power to appoint Vice Chancellors (VCs) to state-run universities.
This new law was passed after the Supreme Court clarified the role of Governors in state matters in an earlier judgment. The State now argues that the High Court’s stay order:
- Violates the top court’s ruling in Health for Millions vs Union of India, which advised courts to be cautious about granting interim relief in constitutional matters.
- Was passed during court vacations without showing any urgency, even though the High Court’s own rules only allow “very urgent matters” to be heard during that time.
- Was issued without giving the State a chance to file its reply.
- Ignored a transfer petition already filed by the State in the Supreme Court, which was also brought to the High Court’s notice in a memo dated May 21, 2025.
What Triggered This Legal Battle?
The issue began when the Governor withheld assent to 10 Bills passed by the Tamil Nadu Assembly, even after two of them had been referred for Presidential consideration. These Bills aimed to shift powers—especially appointments of Vice Chancellors—from the Governor to the State Government.
Despite being passed again by the Assembly, the Governor forwarded all 10 Bills to the President, which the State claims was in violation of Article 200 of the Constitution.
The matter reached the Supreme Court in State of Tamil Nadu v. The Governor of Tamil Nadu, where the Court ruled that once the Assembly passed the Bills again, they would be deemed approved by the Governor.
Following this ruling, the Tamil Nadu Government issued Notifications No. 167 and 169 on April 11, 2025, implementing the 10 Acts.
Which Acts Were Challenged?
Notification No. 167, covering 9 of the Acts, was challenged in the High Court by an advocate. These Acts included:
- Tamil Nadu University Amendment Act, 2020 (Act No. 14 of 2025)
- Tamil Nadu Veterinary and Animal Sciences University (Amendment) Act, 2020 (Act No. 15 of 2025)
- Tamil Nadu Universities Laws (Amendment) Act, 2022 (Act No. 16 of 2025)
- Dr. Ambedkar Law University (Amendment) Act, 2022 (Act No. 17 of 2025)
- Dr. M.G.R. Medical University (Amendment) Act, 2022 (Act No. 18 of 2025)
- Agricultural University (Amendment) Act, 2022 (Act No. 19 of 2025)
- Tamil University (Second Amendment) Act, 2022 (Act No. 20 of 2025)
- Fisheries University (Amendment) Act, 2023 (Act No. 21 of 2025)
- Veterinary and Animal Sciences University (Amendment) Act, 2023 (Act No. 22 of 2025)
The High Court vacation bench, led by Justice GR Swaminathan and Justice V Lakshminarayan, issued an interim stay on these Acts, following a plea from an advocate challenging the shift of VC appointment powers from the Governor to the State.
What’s Next?
The Supreme Court will now examine whether the High Court’s stay was justified and if the State’s amendments can move forward.
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