Supreme Court Cancels Madras High Court Stay On Tamil Nadu University Amendments

The Supreme Court has set aside an order of the Madras High Court that had stayed 10 amendments passed by the Tamil Nadu Assembly relating to State universities. These amendments removed the Governor as the Chancellor of certain universities.

A Bench of the Supreme Court, led by Chief Justice of India Surya Kant along with Justices Joymalya Bagchi and Vipul Pancholi, held that the High Court should not have passed the stay order without giving the State of Tamil Nadu a proper opportunity to be heard.

Why Did The Supreme Court Interfere?

The Supreme Court questioned why a vacation bench of the Madras High Court acted in what it described as a “tearing hurry” to stay the laws. The Bench observed that such an important constitutional issue required detailed hearing, especially when the State had not yet filed its counter-affidavit.

On this ground alone, the Supreme Court set aside the High Court’s stay order and sent the matter back for fresh consideration.

What Directions Did The Supreme Court Give?

• The matter has been remitted to the Madras High Court for a fresh hearing.
• The case must now be heard by the Chief Justice of the High Court or any other appropriate bench.
• All parties must be given a fair opportunity to present their arguments.
• The High Court has been requested to decide the case within six weeks.

What About Appointments To Universities?

The Supreme Court initially considered directing that no appointments be made until the High Court decides the case. However, the State of Tamil Nadu assured the Court that it would not make any appointments in the meantime. This statement was formally recorded by the Court.

Background Of The Dispute

The amendments came into force after the Supreme Court had earlier declared “deemed consent” in the Tamil Nadu Governor case. In May 2025, a vacation bench of the High Court had stayed these amendments while hearing a public interest litigation.

During the Supreme Court hearing, serious concerns were raised about the manner in which the stay was granted, including the lack of proper hearing for the State.

Supreme Court’s Clarification

The Supreme Court clarified that:

• Its order should not be seen as criticism of the High Court judges who passed the earlier stay.
• It has not expressed any opinion on the merits of the amendments themselves.

The case will now be decided afresh by the Madras High Court after hearing all sides.