State legislation cannot override UGC standards in higher education. The appellant's appointment was invalid as the Search Committee did not comply with UGC Regulations, but he is allowed to continue until a successor is appointed.

JUDGMENT :

Mehta, J.

1. Heard.

2. The appellant, Dr. S. Mohan¹[Hereinafter, referred to as “appellant”.], has approached this Court by way of the instant appeals with special leave, under Article 136 of the Constitution of India, 1950²[Hereinafter, referred to as “Constitution”.], for assailing the common judgment and order dated 19th December, 2023, passed by the High Court of Judicature at Madras³[Hereinafter, referred to as “High Court”.] in Writ Petition Nos. 28147 of 2022 and 4174 of 2023, whereby the High Court allowed the two separate writ petitions filed by the Petitioners therein, i.e., respondent No. 2 in Civil Appeal No. 54 of 2025 and respondent No. 1 in Civil Appeal No. 55 of 2025, and set aside the appointment of the appellant as the Vice-Chancellor of the Puducherry Technological University⁴[Hereinafter, referred to as “the University”.]. However, the High Court, in order to avoid a vacuum, permitted the appellant to continue in office until a duly selected incumbent assumes charge in accordance with law or until 30th June, 2024, whichever was earlier. The said common judgment and order dated 19th December, 2023, is the subject matter of challenge in these appeals by special leave.

3. While entertaining the special leave petitions, this Court vide order dated 26th February, 2024 issued notice and stayed the operation of the impugned judgment and order dated 19th December, 2023 and as a consequence, the appellant continues to hold the post of the Vice-Chancellor. His tenure of five years ends in December, 2026.

BRIEF FACTS

4. Succinctly stated, the facts relevant and essential for disposal of these appeals are noted hereinbelow.

5. The Legislative Assembly of the Union Territory of Puducherry, in exercise of its legislative powers under Article 246 read with Seventh Schedule of the Constitution, enacted the Puducherry Technological University Act , 2019⁵[Hereinafter, referred to as “PTU Act”.], which received the assent of the Hon’ble President on 31st March, 2020, thereby establishing the Puducherry Technological University under Section 3 of the PTU Act.

6. According to Section 14 of the PTU Act, the Vice- Chancellor shall be a whole-time officer of the University and shall be a person of academic eminence, competence, integrity, moral standing, and institutional commitment, to be appointed in accordance with the qualifications and norms prescribed in the Statutes. The appointment shall be made from a panel of three names recommended by the Search-cum-Selection Committee constituted under Section 14 (5), and such panel shall not include the name of any member of the said Committee. The identification of candidates for inclusion in the panel shall be carried out by the Search-cum-Selection Committee through a public notification, or by nomination, or through a talent-search process, or by a combination thereof. The members of the Search- cum-Selection Committee shall be persons of eminence in the fields of Engineering, Technology, Management, and Advanced Sciences, and shall not, in any manner, be connected with the University.

7. Section 14 (5) of the PTU Act lays down the composition of the Search-cum-Selection Committee referred to above, and the same is reproduced hereinbelow for ready reference:

“(5) For the purpose of sub-section