Himachal Govt cancels Raj Bhavan’s VC Recruitment process, cites lack of Legal authority
Shimla, Aug 11
The Himachal Pradesh Government has withdrawn two notifications issued by the Secretary to the Governor initiating the process for appointment of Vice-Chancellors at Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni (Solan) and CSK Himachal Pradesh Agricultural University, Palampur, citing lack of legal competence and overreach by Raj Bhavan.
In a notification issued by the Agriculture Department today, the state government, relying on the legal opinion of Advocate General Anup Rattan, asserted that under Section 22 of the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986, the Governor, when acting as Chancellor, is an officer of the university and bound to comply with directives of the state executive. The opinion emphasized that the Chancellor’s role is distinct from that of the Governor and must respect the authority of other constitutional organs.
The Advocate General’s advice further held that the Act does not empower the Secretary to the Governor to issue advertisements for the Vice-Chancellor’s post, a function reserved for the University Registrar or the Secretary of the administrative department. Additionally, the advertisements failed to mention equivalent designations such as Principal Scientist, Principal Agronomist, or Principal Pathologist, excluding several eligible senior officers from consideration.
The government notification also cited judicial precedents, including Supreme Court and High Court rulings in the Tamil Nadu Governor’s case, which mandate that the Chancellor must act within the framework of the university law and honour legislative intent. It pointed out that the 2023 Amendment Bill, passed by the Himachal Pradesh Assembly to restore government control over the VC selection process, was returned by the Governor but is being reintroduced in the Assembly session beginning August 18, 2025.
Calling the Raj Bhavan’s move “against the spirit of the Constitution and values of democracy,” the government declared that the advertisements dated July 21, 2025, and all actions taken under them stand withdrawn and will be treated as null and void. The selection process for both universities will be restarted only after the passage of the amended legislation.
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