Have today sought the intervention of the Bombay High Court at Goa against the ordinance issued by the Goa Government extending by one year the tenure of Goa University Vice–Chancellor Dr Satish Shetye.
The letter petition filed was mentioned before a Division Bench comprising of Justice F.M.Reis and Justice K.L.Wadane who have agreed to examine it. It was submitted to the Court that the manner in which the notification was issued extending the term of the Vice-Chancellor, the government had compromised and trampled on the very crucial autonomy and independence of the Goa University. Pleading that the Court intervene in this serious breach of the constitutional provisions in violating the sanctity of the Goa University have submitted to the Court that children of the common man study at the Goa University while the kin of those who were behind the draconian ordinance issued study elsewhere. The Court’s attention was drawn that the Vice Chancellor of the Goa University Dr Satish Shetye was due to retire on October 25th on attaining the age of 65 with Friday 23rd October supposed to be his last working day but that the Goa Government however on October 24th issued the controversial ordinance extending his tenure by one year. It was also pointed out that there was an attempt earlier last week to get the University statue amended based on a resolution passed by the Executive Council of the University which was however not consented to by the Governor of Goa who is also the Visitor of the University and that the Governor earlier last week had directed that the Vice-Chancellor and the Registrar be relieved on Friday 24th October. Submitted to the Court today was also a copy of the letter dated October 24 th written by a senior member of the Executive Council of the Goa University Prof Peter Ronald de Souza to the Advocate General of Goa Atmaram Nadkarni questioning the issuance of the ordinance extending the Vice - Chancellor’s tenure. Questioning what was the emergency in issuing the Ordinance to amend Goa University Act if not to only benefit a particular individual, the letter petition points out that the Supreme Court has ruled that the power to issue ordinances is in the nature of an emergency power given to the executive only to meet an emergent situation. In the petition it has also been submitted that the founding fathers of democracy in India were united on the importance of democratic processes and had shunned the ordinance-making powers with even the first Speaker of the Lok Sabha, G.V. Mavalankar in his letter to Prime Minister Jawaharlal Nehru on July 17, 1954 vehemently arguing that an Ordinance is undemocratic and cannot be justified except in cases of extreme urgency or emergency. The Goa government had issued the Ordinance to benefit a specific individual and not in public interest. Political and personal criteria had taken precedence over public interest in a case of absolute favoritism by the government favoring a single individual who had no extra-ordinary merit to claim such a privilege. Under the theory of separation of powers, law making is the domain of the legislature, implementing the laws is the prerogative of the executive, and interpreting them is the preserve of the judiciary. There is need to stop ordinances which are abuse of power as the one giving extension to the Vice–Chancellor Dr Satish Shetye. The power to issue Ordinances is being misused by governments to subvert Parliamentary Democracy There is need to ensure that there was no such abuse of power by the Executive in issuing ordinances contrary to law. A copy of the petition has been sent to the Chief Justice of India H.L Dattu and the Acting Chief Justice of the Bombay High Court Justice Vijaya Kamlesh Tahilramani. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: [email protected] Or [email protected] You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires www.airesrodrigues.com
