SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(AP) 709

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
DILIP B. BHOSALE, A.V. SESHA SAI, JJ.
DR. D. MANOHAR RAO PROFESSOR OF GENETICS (RETD) - Appellant
Versus
THE STATE OF TELANGANA - Respondent
WP (PIL) Nos. 6 and 7 of 2016 and W.P. Nos. 673 of 2016 and 1702 of 2016
Decided on : 28-07-2016

Advocates Appeared:
For the Petitioner: Dr. P.B. Vijay Kumar, Counsel.

Headnote:

B.R. Ambedkar Open University Act, 1982 - Rajiv Gandhi University of Knowledge Technologies Act, 2008 - Reorganization Act, 2014,- Section 101 A.P. Reorganization Act, 2014 – Power of State Government for appointment to the posts of Chancellors and Vice- Chancellors - State Government by way of Act 7 of 2016, dated 23.04.2016 and Act 8 of 2016 dated 23.04.2016, brought in amendments to Sections 9 and 10 of Dr.B.R.Ambedkar Open University Act, 1982 and Section 6 and Statutes 1 and 2 of the Rajiv Gandhi University of Knowledge Technologies Act, 2008, thereby conferring power of appointment in the State Government. In view of the order passed by this Court in WPMP (PIL) No.148 of 2016 dated 18.07.2016, the said amendments are also under challenge – Held, vesting of power of appointment of Chancellor and Vice-Chancellor with the Government by way of Act No.7 and 8, in the absence of any prescriptions as to the qualifications and the eligibility as stipulated under Statute 1 Clause (1) pertaining to the Chancellor and Statute 2 Clause (1) pertaining to the Vice-Chancellor of the Schedule is illegal and unconstitutional - Declaring G.O.Ms.Nos.28 and 29 Higher Education (UE) Department dated 11.09.2015 and G.O.Ms.No.38 Higher Education (UE&VC) Department dated 19.12.2015 and G.O.Ms.No.1 Higher Education (UE&VC) Department dated 05.01.2016 as illegal, without jurisdiction and unconstitutional and contrary to the A.P. Reorganization Act, 2014 – Petition disposed of

ORDER :

A.V. SESHA SAI, J.

1. Since the petitioners in these cases share common grievance, these writ petitions are heard together and are being disposed of by this common order.

2. According to the petitioner in PIL Nos.6 and 7 of 2016, he is a retired professor, interested in the up keep of academic environment in the universities and to preserve the primary role of the academia in the functioning of the university. Petitioner in W.P.Nos.673 of 2016 and 1702 of 2016 is Telangana State Federation of university Teachers Association.

3. B.R. Ambedkar Open University, third respondent herein, came into being by virtue of B.R. Ambedkar Open University Act, 1982 and Rajiv Gandhi University of Knowledge Technology, Basar came to be established under "Rajiv Gandhi University of Knowledge Technologies Act, 2008". The said institutions are imparting higher education in various disciplines and conferring Under and Post-Graduate Degrees and Diplomas.

4. The first respondent State Government issued G.O.Ms.No.29 Higher Education (UE) Department dated 11.09.2015 (P.191-193), under Section 101 of the A.P. Reorganization Act, 2014, amending Sections 9 and 10 of the Dr.B.R.Ambedkar Open University Act, 1982 and Sections 6 and 7 and Schedule of Rajiv Gandhi University of Knowledge Technologies Act, 2008. The said amendments at paragraphs 3 and 4 of the said G.O.Ms.29 read as under:

3. In the Dr.B.R.Ambedkar Open University Act, 1982(Act No.11 of 1982),

(a) in section 9, for sub-section (1), the following shall be substituted, namely:-

"(1) The Chancellor shall be appointed by the Government."

(b) in section 10, in sub-section (1), after item (iii), for the existing paragraph, the following shall be substituted, namely:-

"(1) The Search Committee shall submit a panel of three persons to the Government in alphabetical order and the Government shall appoint the Vice- Chancellor from out of the said panel.".

4. In the Rajiv Gandhi University of Knowledge Technologies Act, 2008(Act No.18 of 2008),-

(a) in section 6, for sub-section (1), the following shall be substituted, namely:-

"(1) The Chancellor shall be appointed by the Government.";

(b) in section 7, in sub-section (1), the words "Governing Council", shall be substituted with the word "Government";

(c) In the Schedule,-

(i) in Statute 1, under the heading "The Chancellor" clause 1 shall be omitted;

(ii) in Statute 2, under the heading "The Vice- Chancellor" for clause(1), the following shall be substituted, namely:-

"(1) The Government shall constitute a Search Committee consisting of,-

(i) a nominee of the Governing Council;

(ii) a nominee of the University Grants Commission;

(iii) a nominee of the State Government;

The Search Committee shall submit a panel of three persons to the Government in alphabetical order and the Government shall appoint the Vice-Chancellor from out of the said panel:

Provided that it shall be competent for the Government to call for a fresh panel if they consider necessary and the Search Committee shall submit a fresh panel to the Government."."

5. In respect of the respondent universities covered by PILNo.7 of 2016 also the State Government vide G.O.Ms.No.28 Higher Education (UE) Department dated 11.09.2015 issued similar amendments under Section 101 of the A.P. Reorganization Act, 2014, vesting the power with the State Government for appointment to the posts of Chancellors and Vice- Chancellors.

6. Thereafter, the State Government issued G.O.Ms.No.38 Higher Education (UE&VC) Department dated 19.12.2015, altering criteria for eligibility for Vice-Chancellor post by way of substitution of para 4 (1) of G.O.Ms.No.14 Higher Education (UE.II) Department dated 20.02.2010. The said substituted provision reads as follows:

"(i) Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice- Chancellors. The Vice-Chancellor to be appointed should be a distinguished Academic, with a minimum of 5 years experience as Professor in a University Sys

































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top