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    Which act should be followed when dismissing top executives: GO or TSCHE Act?

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    The question of whether a State government order (“GO”) can override a law enacted by the legislature has arisen in Hyderabad. This issue came to light when a GO was issued on December 10, 2023, dismissing the chairpersons of 54 corporations. The GO also cancelled previous appointment or extension orders. The government directed the relevant departments to ensure that the GO is implemented fully. The GO applied to the Telangana State Council of Higher Education (TSCHE) as well, treating it like any other government body corporate. The TSCHE Act was enacted in the United Andhra Pradesh, and it has been adapted to the State of Telangana. The Act specifies that the chairman, vice-chairman, and members can be appointed by a GO for a period of up to three years. However, the Act also states that they cannot be removed from their positions without due process. Therefore, the chairman, vice-chairman, and members of the TSCHE cannot be removed through a GO without following the proper procedure. There are questions about why this rule does not apply to the vice-chairman-II, appointed by the previous government.

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