The Supreme Court on Tuesday said that the West Bengal government “usurped the powers” of the governor while reappointing Sonali Chakravarti Banerjee as the vice chancellor of Calcutta University, Live Law reported.

The court made the statement while hearing public interest litigation filed by advocate Anindya Sundar Das, who alleged that there were procedural errors in the vice chancellor Sonali Chakravarti Banerjee’s reappointment, according to The Indian Express.

Banerjee was appointed as the university’s vice chancellor on August 28, 2017, for four years. As her term expired last year, her tenure was initially extended by three months. She is the wife of Alapan Bandopadhyay, who also is the chief advisor to West Bengal Chief Minister Mamata Banerjee.

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However, on August 27, 2021, a notification issued under the signature of the special secretary of the West Bengal government’s Higher Education Department said that Banerjee was reappointed as the vice chancellor for four years.

On September 13, the High Court said that only a state governor can appoint a vice chancellor of a university according to the Calcutta University Act, PTI reported.

The Supreme Court bench of Justices DY Chandrachud and Hima Kohli on Tuesday noted that the High Court judgement is correct and does not warrant any interference. The judges also observed that the High Court was justified in saying that the state cannot change the scheme and essential provisions of the Act.

“The state government chose the incorrect path under Section 60 by misusing the ‘removal of difficulty clause’ to usurp the power of the Chancellor to make the appointment,” the bench said, according to PTI. “A government cannot misuse the ‘removal of difficulty clause’ to remove all obstacles in its path which arise due to statutory restrictions”.