TaxTMI 
TaxTMI 
2022 (3) TMI 1608
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....ty. The petitioner has also prayed for any other appropriate writ, direction and order directing respondent authorities to recover from respondent No.4 all consequential benefits not limited to pay, with retrospective effect, that have been extended to him by virtue of his illegal appointment as Vice Chancellor of the SP University. 2. It is the case on behalf of the petitioner that the University Grants Commission (hereinafter referred to as the "UGC") framed UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 (hereinafter referred to as the "UGC Regulations, 2010") which, inter alia, prescribes in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a professor in the University system. It also provides for constitution of a Search Committee consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of UGC, a nominee of Syndicate/Executive Council of the University. That the Search Committee has to recommend the names of suitable candidates for appointment as Vice Chancellor of a U....
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.... the Government of Gujarat vide communication dated 30.08.2014 to comply with the UGC Regulations, 2010 with respect to the appointment of Vice Chancellors. At this stage, it is required to be noted that H.E. - Governor of Gujarat is the ex­officio Chancellor of all the Universities in the State including the SP University. 2.4 It is the case on behalf of the petitioner that ignoring Regulation 7.3.0 of the UGC Regulations, a Search Committee was constituted under Section 10(2)(b) of the Sardar Patel University Act, 1955 (hereinafter referred to as the "SPU Act") on 29.07.2016 with no nominee of the Chairman of the UGC. According to the petitioner, even as per Section 10(2)(b), the Search Committee has only the authority to recommend a panel of suitable candidates. The Search Committee, in the present case, exceeded its jurisdiction and prescribed its own eligibility criteria for the post of Vice Chancellor by diluting the eligibility criteria laid down in the UGC Regulations, 2010. That respondent No.2 issued an advertisement, inviting applications for the post of Vice Chancellor, while mentioning the aforesaid eligibility criteria prescribed by the Search Committee. Therea....
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....ng him to take note of the said important communication and take necessary steps at the Government level but the same had been ignored by the State and no steps had been taken pursuant thereto. Therefore, the High Court observed that it is high time the State of Gujarat adopts the UGC Regulations and amends the State legislation appropriately so that no room is left for any manipulation, arbitrariness, nepotism and favouritism. At this stage, it is required to be noted that despite the above observations made in para 24 by the High Court, no further steps have been taken by the State Government to adopt the UGC Regulations and amend the State legislation appropriately. 2.6 Feeling aggrieved and dissatisfied with the judgment and order passed by the High Court dismissing SCA No.18922/2017, upholding the appointment of respondent No.4 to the post of Vice Chancellor of SP University, petitioner preferred a Special Leave Petition (SLP) before this Court by filing SLP (C) No.21792/2018. The said SLP came up before this Court for final hearing on 30.07.2019. However, by the time the said SLP could be heard, only one month remained in the first term of respondent No.4, therefore....
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....esaid facts and circumstances of the case. 3. Shri I.H. Syed learned Senior Advocate appearing on behalf of the petitioner has vehemently submitted that the appointment of respondent No.4 as Vice Chancellor of SP University is absolutely illegal and contrary to the statutory guidelines issued by the UGC. 3.1 It is contented that appointment of respondent No.4 as Vice Chancellor is by a Search Committee not legally constituted as per the UGC guidelines. 3.2 It is submitted by Shri Syed learned Senior Advocate appearing on behalf of the petitioner that at the relevant time when his first appointment was made as Vice Chancellor, he was not fulfilling the eligibility criteria required as per the UGC guidelines as well as even the eligibility criteria fixed by even the Search Committee. It is further submitted that at the relevant time when respondent No.4 was appointed, he was not having ten years of experience as a professor which was mandatorily required as per the UGC guidelines as well as the eligibility criteria fixed by the Search Committee. 3.3 It is further contended by Shri Syed, learned Senior Advocate appearing on behalf of the petitioner that in th....
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....te the above and even thereafter also no further steps have been taken by the State Government to amend the State legislation. 3.5 It is further submitted by Shri Syed, learned Senior Advocate, appearing on behalf of the petitioner that by adopting the Scheme dated 31.12.2008 vide Resolution dated 11.11.2009, all regulations framed by the UGC shall be binding on the State Government including the SP University. That UGC Regulations, 2010 which, inter alia, prescribe in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a professor in the University system. It also provides for constituting of the search committee, consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of the UGC, a nominee of the Syndicate/Executing Council of the University. That such a search committee has to recommend the names of the successful candidates. It is submitted that in the present case respondent No.4 was appointed as Vice Chancellor for the second term even though he did not fulfil the said criteria. 3.6 It is submitted that even respondent No.4 was being paid a fixed pay of Rs.75,000/­ along with a special allowance of Rs.5,000/....
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....sions and relying upon the above decisions, it is prayed to allow the present writ petition and to issue a writ of quo warranto as prayed in the petition. 4. Shri Manoj Ranjan Sinha, learned counsel appearing on behalf of the UGC - respondent No.3 herein has as such supported the petitioner. It is submitted that in a search committee for appointment as Vice Chancellor, one of the members of the search committee shall be a nominee of the Chairman of the UGC. It is submitted that UGC Regulations, 2010 and 2018 were/are binding to all the States and the Universities. 4.1 It is further submitted that even as per clause 7.3.0 of the UGC Regulations, 2010/2018, the members of the Search cum Selection Committee, can be persons of eminence in the sphere of higher education. It further provides that one member of the search committee shall be nominated by the Chairman of the UGC for selection of Vice Chancellors of the State, Private and Deemed to be universities. That as per the UGC Regulations, Visitor/Chancellor shall appoint the Vice Chancellor out of the panel of the names recommended by the Search cum Selection committee. It is contended that being a Central legislation a....
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....pondent ­ University and has a grudge against the University and therefore, the present writ petition has been preferred challenging the appointment of Vice Chancellor. It is prayed not to entertain the writ petition at the instance of such a person. 6. Shri Gaurav Agrawal, learned counsel appearing on behalf of respondent No.4, while adopting the submissions made by Shri Navare, has further submitted that so far as the appointment of respondent No.4 as a Vice Chancellor for the second term is concerned, UGC Regulations, 2010 are not applicable as UGC Regulations, 2010 have been substituted by the UGC Regulations, 2018. 7. Ms. Ruchi Kohli, learned counsel appearing on behalf of respondent No.1 - State has opposed the present writ petition. 7.1 When a pointed question was asked to Ms. Kohli, learned counsel appearing on behalf of respondent No.1 - State, whether the State legislation is amended providing for the minimum eligibility criteria at par with the UGC Regulations, as observed by the High Court in the earlier round of litigation in para 24, she is not in a position to satisfy and/or point out any such amendment in the State legislation. &nbs....
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....eprived of public office to which they have a right. These proceedings also tend to protect the public from usurpers of public office. It is further observed that it will, thus, be seen that before a person can effectively claim a writ of quo warranto, he has to satisfy the court that the office in question is a public office and is held by a usurper without legal authority, and that inevitably would lead to an enquiry, as to, whether, the appointment of the alleged usurper has been made in accordance with law or not. Thus, as per the law laid down in a catena of decisions, the jurisdiction of the High Court to issue a writ of quo warranto is a limited one, which can only be issued when a person is holding the public office does not fulfil the eligibility criteria prescribed to be appointed to such an office or when the appointment is contrary to the statutory rules. Keeping in mind the law laid down by this Court in the aforesaid decisions on the jurisdiction of the Court while issuing a writ of quo warranto, the factual and legal controversy in the present petition is required to be considered. 10. Respondent No.4 is holding the post of Vice Chancellor. The post of Vice....
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....08 communicated to the Secretary, University Grants Commission, New Delhi the scheme of revision of pay of teachers and equivalent cadres in universities and colleges following the revision of pay scales of the Central Government employees on the recommendations of the 6th Central Pay Commission. By the said letter, the Government of India directed that there shall be only three designations in respect of teachers in the universities and colleges, namely, Assistant Professors, Associate Professors and Professors. In the said letter revised pay scales, service conditions and Career Advancement Scheme for teachers and equivalent positions including the post of Assistant Professors/Associate Professors/Professors in universities and colleges were intimated. Pay scales of Pro­ViceChancellor/Vice­Chancellor were also mentioned therein. It was intimated that the said Scheme may be extended to the universities, colleges and other higher educational institutions coming under the purview of the State Legislature, provided the State Governments wish to adopt and implement the Scheme subject to the terms and conditions mentioned therein. In view of the aforesaid Letter No. 1­32/20....
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....e Vice­Chancellor shall form part of the service period of the incumbent concerned making him/her eligible for all service related benefits." 11.3.2 Regulation 7.4.0 mandates that the universities/State Governments shall modify or amend the relevant Acts/Statutes of the universities concerned within six months of adoption of these Regulations. 11.3.3 Thus, UGC Regulations, 2010, inter­alia, prescribes in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a professor in a university system. It also provides for constitution of a search committee consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of the UGC, a nominee of the Syndicate/Executive Council of the University and the search committee has to recommend the names of the successful candidates. 11.4 Prior to enactment of UGC Regulations, 2010, the Union Ministry of Human Resource Development laid down a scheme of revision of pay of teachers and equivalent cadres in the Universities following the 6th Central Pay Commission. The Scheme provides a fixed pay of Rs.75,000/­ along with a special allowance of Rs.5,000/­ per month to the Vi....
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.... "[10. (1) The Vice­Chancellor shall be appointed by the State Government from amongst three persons recommended under sub­section (3) by a committee appointed for the purpose under subsection (2). (2) (a) for the purpose of sub­section (1) the Chancellor shall appoint a Committee which shall consist of the following members, namely:- (i) two members (not being persons connected with the University or with any affiliated college or recognised institution) out of whom one shall be a person nominated in the manner prescribed by Statutes by the Syndicate and the Academic Council jointly and the other shall be a person nominated in the manner prescribed by Statutes by the Vice­Chancellor of all the Universities established by law in the State of Gujarat; (ii) one member to be nominated by the Chancellor. (b) The Chancellor shall appoint one of three members of the Committee as its chairman. (3) The Committee so appointed shall, within such time and in such manner as may be prescribed by Statutes, select three persons whom it considers fit for being appointed ViceChancellor and shall recommend to the State Govern....
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....university system and it also provides for constitution of a search committee consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of the UGC, a nominee of the Syndicate/Executive Council of the University. But respondent No.4 did not/ does not fulfil the eligibility criteria prescribed under the UGC Regulations, 2010/2018. He was/is not having ten years of teaching work experience as a professor in the university system. Moreover, his name was not recommended by the legally constituted search committee, constituted as per the UGC Regulations, 2010/2018. Also, the search committee has prescribed the eligibility criteria for the post of Vice Chancellor by diluting the eligibility criteria laid down in the UGC Regulations, 2010/2018. 12.2 Thus, the provisions of the SPU Act, 1955/provisions under the State legislation are just contrary to the UGC Regulations, 2010/2018, which, as observed hereinabove, are binding on the State Government and the universities thereunder. Even the State Government has not bothered to amend the State legislation - to put at par with the UGC Regulations, 2010/2018 and has continued the appointment in the unive....
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....our guidance and support in this regard will make a huge difference in the governance of higher education in the country. Yours faithfully Jaspal S.Sandhu Shri O.P. Kohli Hon'ble Governor of Gujarat, Raj Bhawan Gandhinagar 382 020 Gujarat" 13.1 That thereafter H.E. - Governor of Gujarat - Chancellor of the Universities communicated to the Principal Secretary to the Government of Gujarat vide communication dated 30.08.2014 and emphasized and requested him to take note of the UGC communication dated 11.08.2014 and take necessary steps at the Government level. The communication dated 30.08.2014 issued by the Principal Secretary to the H.E. - Governor of Gujarat, reads as under: ­ OFFICE OF THE SECRETARY TO THE GOVERNER OF GUJARAT Raj Bhavan Ghandhinagar­382020. Date: 30 AUG 2014 Important: To, The Principal Secretary to the Government of Gujarat Education Department, Block No.5, 7th Floor, New Sachivalay, Gandhinagar Sub: Appointment of Vice Chancellors Ref: A Communication from the Secretary, University Grant Commissio....
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.... The UGC Regulations provide for certain qualifications. However, the same are not binding unless the State legislation is appropriately amended. The UGC, by a communication dated 11th August 2014, addressed to His Excellency the Governor of Gujarat, has requested him to use his good offices to ensure that all the appointments of Vice Chancellors in the State are made in accordance with the provisions laid down in the UGC Regulations, which provide for minimum qualifications for the appointment of Vice Chancellor with reference to regulation 7.3.0 of the UGC Regulations, 2010. Pursuant thereto, the Principal Secretary to His Excellency the Governor of Gujarat addressed a communication dated 30th August 2014 to the Principal Secretary, Government of Gujarat, requesting him to note the said important communication and take necessary steps at the Government level. However, it appears that such communication has been ignored and no steps have been taken pursuant thereto. It is, therefore, high time that the State of Gujarat adopts the UGC Regulations and amends the State legislation appropriately so that no room is left for any manipulation, arbitrariness, nepotism and favouritism." &n....
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....ng on the merits of the judgment and order passed by the High Court. This Court refused to entertain the Special Leave Petition solely on the ground that by the time the same was taken up for hearing the tenure of respondent No.4 herein as a Vice Chancellor was coming to an end. Even while dismissing the same on the aforesaid ground alone, this Court specifically observed that all the questions of law are left open. 15. Thus, we find that the appointment of respondent No.4 is contrary to the UGC Regulations, 2018. Also, respondent No.4 has been appointed by a search committee, not constituted as per the UGC Regulations, 2018. Moreover, respondent No.4 does not fulfil the eligibility criteria as per the UGC Regulations, 2018, namely, having ten years of teaching work experience as a professor in the university system. As observed hereinabove, by adopting the Scheme and having accepted 80% of the maintenance expenditure from the Central government and when respondent No.4 is paid a fixed pay of Rs.75,000/­ along with a special allowance of Rs.5,000/­ per month, which is prescribed as per the Scheme of 2008, the State and the universities thereunder are bound by the ....
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....ctive universities Act of the respective States. Therefore, when the appointment of respondent No.4 is found to be contrary to the UGC Regulations, 2018 and the UGC Regulations are having the statutory force, we are of the opinion that this is a fit case to issue a writ of quo warranto and to quash and set aside the appointment of respondent No.4 as the Vice Chancellor of the SP University. 16. It cannot be disputed that the UGC Regulations are enacted by the UGC in exercise of powers under Section 26(1)(e) and 26(1)(g) of the UGC Act, 1956. Even as per the UGC Act every rule and regulation made under the said Act, shall be laid before each House of the Parliament. Therefore, being a subordinate legislation, UGC Regulations becomes part of the Act. In case of any conflict between State legislation and Central legislation, Central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject 'education' is in the Concurrent List (List III) of the Seventh Schedule of the Constitution. Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in ....
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....ld be one who can inspire students and guarantee entry of high­quality teachers into the University system. A Vice Chancellor functions as a bridge between the executive and academic wings of a university as he is the head of both a 'teacher' and an 'administrator'. We may refer to some of the significant commission reports concerning the personality and role of a ViceChancellor of a university as under: a) The 1949 Radhakrishnan Commission stated that originally, the Vice­Chancellorship of an Indian University was regarded as an honorary post to be filled by a prominent man in his leisure time. But now the position has changed, there is enough work to justify a full­time appointment and the Universities should have full time paid Vice­Chancellors. While discussing the duties of a Vice­Chancellor, the Commission stated that a Vice­Chancellor must be the chief liaison between the University and the public and must be a keeper of the university's conscience, both setting the highest standard by example and dealing firmly and promptly with indiscipline and malpractice of any kind. He/she must have the strength of character to res....
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....el of competence, integrity, morals and self­respect. d) The Ramlal Parikh Committee 1993 accented that the universities need distinguished and dignified persons as Vice­Chancellors and it is necessary to ensure that they are treated with dignity and regard, which the office merits. e) The University Grants Commission in its hand book titled Governance in Higher Education: Hand Book for Vice­Chancellors published in 2019 has penned down the role of Vice­Chancellor of Indian Universities having gained a paramount importance in the recent times. In the words of the Prof. D.P. Singh, the then Chairman of University Grants Commission and Former Director of National Assessment and Accreditation Council (NAAC): ­ "As Chief Executives and Academic Heads of Universities, the Vice Chancellors are expected to be efficient and effective in terms of: ­ a. Implementation of National Higher Education Policy and programmes, b. Institutional change in tune with the national reforms package, c. Quality and innovation enhancement and their sustainability, d. Productive engagement with 'communities of scholars' fro....