Hindi English Translation || Editorial || ​Misplaced urgency: On the Madras High Court interim order

​Misplaced urgency: On the Madras High Court interim order

The Madras High Court has in effect (वास्तव में, प्रभावी रूप से) undermined (कमजोर करना, क्षति पहुँचाना) a Supreme Court ruling

By staying (रोकना, स्थगित करना) the operation of Tamil Nadu’s multiple amended Acts — to the extent that (इस हद तक कि) they empower (सशक्त बनाना, अधिकार देना) the government to appoint Vice-Chancellors (The Vice-Chancellor is the academic and executive head of the University. The Vice-Chancellor provides both academic and administrative leadership. The Vice-Chancellor is appointed by the Chancellor on the recommendation of the Government) (V-Cs) of 18 State universities — the Madras High Court has effectively (प्रभावी रूप से) halted (रोक देना, बंद करना) the momentum (गति, बल) that followed last month’s landmark (an event, discovery, or change marking an important stage or turning point in something; milestone) Supreme Court verdict, which granted deemed assent (स्वीकृत मान लिया गया) to 10 Bills on which the Tamil Nadu Governor had inordinately (अत्यधिक रूप से, असाधारण रूप से) delayed action. The interim (अन्तरिम) order, delivered by Justices G.R. Swaminathan and V. Lakshminarayanan, effectively restores to the Governor-Chancellor, the powers of appointing V-Cs, which those very Bills had sought to divest (dispossess, strip of, deprive of, deny, do out of, prevent from having). The result is a continuing stalemate: (गतिरोध) nearly a dozen universities remain headless, with appointments frozen until further judicial intervention (हस्तक्षेप, दखल). The Vacation Bench (a special bench constituted by the Chief Justice of India for hearing of urgent matters during vacations. The court takes two long vacations each year, the summer and winter breaks, but is technically not fully closed during these periods), acting on a petition by a lawyer, held that interim relief was justified because the impugned Acts (law, decree, statute, resolution, rule, ruling, ordinance, stipulation) “fall foul of the law” laid down by the Supreme Court in prior rulings (निर्णय, फैसला) on V-C appointments. These include Professor (Dr.) Sreejith P.S. vs Dr. Rajasree M.S. (APJ Abdul Kalam Technological University) and Gambhirdan K. Gadhvi vs The State Of Gujarat (Sardar Patel University). In both cases, the appointment of V-Cs was quashed (overrule, cancel, nullify, reverse, repeal, revoke, invalidate, override) for violating (breach, break, offend, go against, transgress; be opposed to, contradict, counteract) Regulation 7.3 of the University Grants (give, confer on, provide with, present to with) Commission (UGC) Regulations, 2018, which govern the composition (constitution, organization, arrangement, configuration, structure, framework) of search committees (it is a Committee constituted for the appointment of Vice-Chancellor. The Search Committee shall submit to the State Government a panel of three persons who are eminent academicians, in the alphabetical order. The State Government shall forward the panel to the Chancellor who shall, keeping in view the merit, equity and social justice and with concurrence of the State Government, appoint one person from the panel as the Vice Chancellor') and procedures for V-C appointments. The High Court rejected the State’s argument that it had adopted the UGC Regulations in 2021 with a caveat (warning/caution of provision, condition, clause) excluding Regulation 7.3. The judges held that stripping the Chancellor of appointment powers was plainly (clearly, simply, obviously, evidently) unconstitutional — “... is so glaring (evident, flagrant, blatant, obvious) and obvious that we cannot shut our eyes,” they wrote.

What is equally glaring, however, is the misplaced (अनुचित, गलत) urgency with which the Bench moved to deprive the amended Acts of legal effect. The High Court overlooked (reject, neglect, ignore, disregard, dismiss, pay no heed/attention to, take no notice of, fail to notice) the Higher Education Department counsel’s (lawyer, legal practitioner, legal adviser, legal executive, advocate, barrister, attorney, solicitor) submission that the State had mentioned before the Supreme Court seeking (ask for, request, appeal for) urgent listing of a petition to transfer the instant case to itself; and that the Supreme Court had indicated that the High Court may be apprised (inform of, tell about, update on, brief, keep posted, give information about) of this fact. Judicial propriety (decorum, morality, honesty, rightness, correctness, appropriateness, good manners) would suggest (indicate, denote, point to, signify) that a lower court must exercise restraint (restriction, limitation, control) in such cases. Moreover (in addition to, besides, additionally), the interim order was passed without affording (give, provide, grant) the State adequate time to file its counter affidavit (a legal document filed in response to an affidavit submitted by the opposing party in a legal proceeding). In any case (whatever happens; at any rate, anyway, nevertheless, anyhow), while the current impasse (deadlock, stalemate, checkmate, stand-off) on V-C appointments in Tamil Nadu persists (continue, carry on, go on, linger, remain/stay, last), given (considering, taking into account, bearing in mind) the conflicting (opposing, competing, disputing, opposed) case precedents (a past action/event/decision that is seen as an example; previous example, previous instance, prior instance, previous case, example) — Kalyani Mathivanan and Jagdish Prasad Sharma among them — the Supreme Court, should it hear the case, must settle, once and for all (finally, conclusively, decisively, permanently; in a way that resolves something completely), the critical question: can UGC Regulations issued by a subordinate authority (a level of authority that is lower than or dependent on a higher authority. (The Supreme Court of India is a higher authority and the High Court is a subordinate court in this context)) override State legislation (law, decree, statute, rule, ordinance, act) enacted under constitutional authority (a body of law which defines the role, powers, and structure of different entities within a state (country), namely, the executive, the parliament or legislature, and the judiciary. (The state legislature in this context))?

Courtesy: The Hindu

Important Word List With Meaning

1.misplaced (adjective)

Hindi Meaning - अनुचित, गलत
English Meaning - inappropriate, incorrect, misguided, unwise, ill-advised, ill-judged, misconceived, ill-considered, wrongly directed.

2.interim (adjective)

Hindi Meaning - अन्तरिम
English Meaning - provisional, temporary, short-term, transitional.

3.in effect (phrase)

Hindi Meaning - वास्तव में, प्रभावी रूप से
English Meaning - really, in fact, in reality, effectively, practically.

4.undermine (verb)

Hindi Meaning - कमजोर करना, क्षति पहुँचाना
English Meaning - weaken, subvert, sabotage, damage.

5.ruling (noun)

Hindi Meaning - निर्णय, फैसला
English Meaning - judgement, verdict, pronouncement, decision.

6.stay (verb)

Hindi Meaning - रोकना, स्थगित करना
English Meaning - stop, delay, or prevent something temporarily (a judicial proceeding/trial through the order of a court).

7.to the extent that (phrase)

Hindi Meaning - इस हद तक कि
English Meaning - to a particular degree or stage or level; in so far, insofar.

8.empower (verb)

Hindi Meaning - सशक्त बनाना, अधिकार देना
English Meaning - authorize, accredit, allow, permit, entitle.

9.effectively (adverb)

Hindi Meaning - प्रभावी रूप से
English Meaning - practically, virtually, in effect, more or less, almost/nearly.

10.momentum (noun)

Hindi Meaning - गति, बल
English Meaning - the increase in the rate of growth of something; strength, impetus.

11.deemed assent (noun)

Hindi Meaning - स्वीकृत मान लिया गया
English Meaning - approval in case of delay in assent for Bills. It means the laws become effective despite the lack of a formal assent, effectively circumventing the Governor’s or President’s role.

12.halt (verb)

Hindi Meaning - रोक देना, बंद करना
English Meaning - bring to a stop, cease, discontinue, terminate.

13.inordinately (adverb)

Hindi Meaning - अत्यधिक रूप से, असाधारण रूप से
English Meaning - excessively, immoderately, unduly, unreasonably, unjustifiably.

14.stalemate (noun)

Hindi Meaning - गतिरोध
English Meaning - deadlock, impasse, standstill/stand-off.

15.intervention (noun)

Hindi Meaning - हस्तक्षेप, दखल
English Meaning - the process of intervening in something; involvement, interference.

16.Act (noun)

English Meaning - law, decree, statute, resolution, rule, ruling, ordinance, stipulation.

17.Vice-Chancellor (VC) (noun)

English Meaning - The Vice-Chancellor is the academic and executive head of the University. The Vice-Chancellor provides both academic and administrative leadership. The Vice-Chancellor is appointed by the Chancellor on the recommendation of the Government.

18.Pro Chancellor (noun)

English Meaning - Deputy Vice-chancellor.

19.Chancellor (noun)

English Meaning - The chancellor is titular head of a state university. In almost all states, the Governor serves as ex-officio chancellor, and in this capacity appoints vice-chancellors of state universities and presides over convocation ceremonies, among other responsibilities. (As per the provisions of the Act of the concerned University, the Governor appoints the Vice Chancellor on the advice/in consultation with the State Government).

20.landmark (noun as modifier)

English Meaning - an event, discovery, or change marking an important stage or turning point in something; milestone.

21.grant (verb)

English Meaning - give, confer on, provide with, present to with.

22.deemed (adjective)

English Meaning - considered, regarded.

23.assent (noun)

English Meaning - approval, agreement, acceptance, consent, concurrence.

24.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed. All legislative proposals are brought before Parliament in the forms of Bills (or) draft statute/law, proposed legislation, proposal (presented to parliament/congress/council for discussion).

25.sought past tense of seek (verb)

English Meaning - try, aim, attempt.

26.divest (verb)

English Meaning - dispossess, strip of, deprive of, deny, do out of, prevent from having.

27.frozen past tense of freeze (verb)

English Meaning - limit, restrict, confine; stop/suspend, stand still, become paralyzed.

28.vacation Bench (noun)

English Meaning - a special bench constituted by the Chief Justice of India for hearing of urgent matters during vacations. The court takes two long vacations each year, the summer and winter breaks, but is technically not fully closed during these periods.

29.bench (noun)

English Meaning - a court of law with a number of judges.

30.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist).

31.Division Bench (noun)

English Meaning - a bench of two or three judges is called a division bench.

32.act on (phrasal verb)

English Meaning - act in accordance with, comply with, go along with, take heed of, uphold

33.petition (noun)

English Meaning - plea, application, appeal, request.

34.held past participle of hold (verb)

English Meaning - (of a court) rule, decide.

35.impugned (adjective)

English Meaning - disputed, challenged, questioned, criticized, blamed, denounced.

36.fall foul of (phrase)

English Meaning - to conflict with, to have trouble with, to have disagreement with; to violate a rule/law; break, breach, contravene

37.lay down (phrasal verb)

English Meaning - formulate, stipulate, frame, prescribe, promulgate.

38.quash (verb)

English Meaning - overrule, cancel, nullify, reverse, repeal, revoke, invalidate, override.

39.violate (verb)

English Meaning - breach, break, offend, go against, transgress; be opposed to, contradict, counteract.

40.Regulation 7.3 of the University Grants Commission (UGC) Regulations, 2018 (noun)

English Meaning - it governs the composition of search committees and procedures for V-C appointments. The Governor (as ex-officio Chancellor of State universities under the University Acts) insists on including a nominee of the University Grants Commission (UGC) in the search committee as per Regulation 7.3 of the UGC Regulations, 2018. Conversely, the State government insists on adhering to the respective State University Acts, which generally require the search committee to consist of one nominee each from the Chancellor, the syndicate, and the senate. It opposes UGC involvement due to concerns over erosion of State autonomy in university governance).

41.University Grants Commission (UGC) (noun)

English Meaning - The University Grants Commission (UGC) came into existence on 28th December, 1953 and became a statutory Organization of the Government of India by an Act of Parliament in 1956, for the coordination, determination and maintenance of standards of teaching, examination and research in university education.

42.composition (noun)

English Meaning - constitution, organization, arrangement, configuration, structure, framework.

43.search committee (noun)

English Meaning - it is a Committee constituted for the appointment of Vice-Chancellor. The Search Committee shall submit to the State Government a panel of three persons who are eminent academicians, in the alphabetical order. The State Government shall forward the panel to the Chancellor who shall, keeping in view the merit, equity and social justice and with concurrence of the State Government, appoint one person from the panel as the Vice Chancellor’

44.committee (noun)

English Meaning - advisory council panel, commission, advisory group.

45.caveat (noun)

English Meaning - warning/caution of provision, condition, clause.

46.strip of (verb)

English Meaning - deprive, divest, dispossess of (power/rights)

47.plainly (adverb)

English Meaning - clearly, simply, obviously, evidently.

48.unconstitutional (adjective)

English Meaning - unlawful, illegal, prohibited, unauthorized, forbidden, illicit, illegitimate, against the law.

49.glaring (adjective)

English Meaning - evident, flagrant, blatant, obvious.

50.shut/close one’s eyes (phrase)

English Meaning - to ignore, overlook, gloss (over), shrug off, brush aside something deliberately; turn a blind eye.

51.deprive of (verb)

English Meaning - strip, divest, dispossess of (power/rights)

52.overlook (verb)

English Meaning - reject, neglect, ignore, disregard, dismiss, pay no heed/attention to, take no notice of, fail to notice.

53.counsel (noun)

English Meaning - lawyer, legal practitioner, legal adviser, legal executive, advocate, barrister, attorney, solicitor

54.submission (noun)

English Meaning - argument, contention, claim, statement.

55.seek (verb)

English Meaning - ask for, request, appeal for.

56.apprise (verb)

English Meaning - inform of, tell about, update on, brief, keep posted, give information about.

57.propriety (noun)

English Meaning - decorum, morality, honesty, rightness, correctness, appropriateness, good manners.

58.suggest (verb)

English Meaning - indicate, denote, point to, signify.

59.restraint (noun)

English Meaning - restriction, limitation, control.

60.moreover (adverb)

English Meaning - in addition to, besides, additionally.

61.afford (verb)

English Meaning - give, provide, grant.

62.affidavit (noun)

English Meaning - sworn statement, self-attestation, self-declaration.

63.counter affidavit (noun)

English Meaning - a legal document filed in response to an affidavit submitted by the opposing party in a legal proceeding.

64.in any case (phrase)

English Meaning - whatever happens; at any rate, anyway, nevertheless, anyhow.

65.impasse (noun)

English Meaning - deadlock, stalemate, checkmate, stand-off.

66.persist (verb)

English Meaning - continue, carry on, go on, linger, remain/stay, last.

67.given (preposition)

English Meaning - considering, taking into account, bearing in mind.

68.conflicting (adjective)

English Meaning - opposing, competing, disputing, opposed.

69.precedent (noun)

English Meaning - a past action/event/decision that is seen as an example; previous example, previous instance, prior instance, previous case, example

70.once and for all (phrase)

English Meaning - finally, conclusively, decisively, permanently; in a way that resolves something completely.

71.subordinate authority (noun)

English Meaning - a level of authority that is lower than or dependent on a higher authority. (The Supreme Court of India is a higher authority and the High Court is a subordinate court in this context).

72.subordinate (adjective)

English Meaning - subsidiary, secondary, auxiliary, supplementary, additional.

73.override (verb)

English Meaning - overrule, cancel, nullify, reverse, repeal, revoke, invalidate, abrogate, annul, abolish.

74.legislation (noun)

English Meaning - law, decree, statute, rule, ordinance, act.

75.Constitutional authority (noun)

English Meaning - a body of law which defines the role, powers, and structure of different entities within a state (country), namely, the executive, the parliament or legislature, and the judiciary. (The state legislature in this context).