Himachal assembly refuses to amend Bill on appointment of vice-chancellors

Amid the standoff between the Sukhvinder Singh Sukhu-led Congress government and the Raj Bhavan over the appointment of vice-chancellors at two agricultural universities, the assembly on Tuesday rejected governor-cum-chancellor Shiv Pratap Shukla’s proposal to amend the Himachal Pradesh Agriculture and Horticulture University Act, 2024, in line with the Centre’s Model Act in the absence of the opposition BJP in the House.

The Himachal Pradesh Agriculture, Horticulture and Forestry University (Amendment) Bill, 2024, that was passed in September 2024 was sent for the approval of the governor, but he recently sent it back with objections. The governor recommended that as chancellor, he should directly appoint vice-chancellors, with inputs from a nominee, including an expert from central institutions such as the Council of Scientific and Industrial Research (CSIR). The rejection of these amendments effectively nullifies this suggestion and keeps the power balance tilted toward the state government.

On Tuesday, state agriculture minister Chander Kumar tabled amendments to Section 4(1) and a new Section 4(3) on the lines of the central framework and sought to strengthen the governor’s hands in the appointment of vice-chancellors. But in the absence of the BJP MLAs, the House turned down the proposal through a voice vote.

After this Chander Kumar tabled the Himachal Pradesh Agriculture, Horticulture and Forestry University (Amendment) Bill, 2023 (Bill No. 14 of 2023) for reconsideration, which was approved by the House without any amendment with a voice note in the BJP’s absence. The Bill provides that the governor shall appoint the V-Cs on the “aid and advice” of the government.

Speaker Kuldeep Singh Pathania then ruled that the Act would remain in its original assembly-approved form, as passed last September.

State govt, governor at loggerheads

On July 21, Raj Bhavan issued an advertisement for the appointment of the vice-chancellors of Chaudhary Sarwan Kumar Himachal Pradesh Agricultural University, Palampur, and Dr Yashwant Singh Parmar Horticulture and Forestry University, Nauni.

On August 12, the state government withdrew the advertisement declaring any action taken under it “null and void” bringing the state government and Raj Bhavan at loggerheads. Instead on August 13, Raj Bhavan issued a detailed order through which the governor restored the July 21 advertisements for both universities and extended the application deadline to August 18. He maintained that the chancellor, vested with statutory powers under Section 24 of the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986, is the sole competent authority to initiate the V-C appointment process.

On August 14, the Himachal Pradesh high court stayed the Raj Bhavan’s advertisement.

Governor Shukla insisted that under the 1986 Universities Act, the chancellor alone has the authority to initiate V-C appointments and is not bound by cabinet advice, citing Supreme Court precedents. In contrast, advocate general Anup Rattan, representing the state, informed the high court that the secretary of the governor does not have the right to issue a notice for the recruitment of vice-chancellor, rather the notice should be issued by the administrative heads of the agriculture and horticulture departments.

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