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

2014 Supreme(Kar) 863

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.H.WAGHELA & BUDIHAL R.B., JJ.
Federation of Farm Universities & Ors. - PETITIONERS
VERSUS
State of Karnataka & ORS. - RESPONDENTS
WRIT PETITION NO.33044 & 33945 & 38766/2014
Decided On : 19. 12.2014

Advocates:
Advocate Appeared:
Sri M N Prasanna, Adv.
Prof Ravivarma Kumar, Adv. General A/w Sri R Devdas, PGA for R1, Sri K Krishna, Adv. for R2, Sri Ashok Haranahalli, Sr. Counsel A/W & Sri Manmohan P N, Adv. for R3 & Sri N Nagaraja Rao for R3, R4 Served, Unrepresented

Headnote:UNIVERSITY OF HORTICULTURAL SCIENCES ACT [11/2010] - Section 27(2): [D.H. Waghela, C.J & Budihal R.B.,J] Appointment of Vice- Chancellor - State Government constituted Search Committee as per Section 27(2) of Act - Search Committee after considering merits, academic distinctions and published works of candidate, recommended her name on panel consisting of three names - All statutory requirements were followed by official, in making such appointment - Held, Appointment being as per recommendations of Search Committee which consisted experts in field of education and technical aspects, Court cannot interfere in matter. Appointment of Vice-Chancellor is proper.

ORDER :

1. Since common questions of law and facts are involved in all these petitions, they have been taken together to dispose of them by common order.

2. W.P. Nos.33044/2014 is filed by Federation of Farm Universities teachers’ Association and another praying to issue writ in the nature of quo warranto declaring respondent No.3 to be the usurper of office of the Vice Chancellor of respondent No.4university of Horticultural Sciences, Bagalkot and forthwith oust him from the said post and redo the process of selection.

3. W.P. No.33945/2014 is filed by one Raju, one of the participants before the Search Committee for the post of Vice Chancellor of the 4th respondent-University, seeking to quash notification bearing No.GS 2 HUM 2014 dated 27.6.2014 (Vide Annexure-G).

4. W.P. No.38766/2014 is filed by petitioners therein for the relief of quo warranto declaring respondent No.3 to be the usurper of office of the Vice Chancellor of respondent No.4Karnataka Rajya Gangubai Hangal Sangeetha Matthu Pradarshaka Kalegala Viswavidyalaya and forthwith remove her from the said post and redo the selection.

5. It is stated in the petitions that, in exercise of powers conferred under clause (e) to (g) of subsection (1) of Section 26 of the University Grants Commission Act, 1956 (for short ‘UGC Act’), the UGC had framed certain regulations known as University Grants Commission Regulations on Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for Maintenance of standards in Higher Education, 2010 (hereinafter referred to as ‘the regulations’). These regulations were notified on 30.6.2010 and they were issued in super-session of previous set of regulations issued in the year 2000. Under regulation No.1.2 of the regulations, they were made applicable to every university incorporated by or under a Central Act or a State Act and every institution including a constituent or an affiliated college recognized by the Commission, in consultation with the universities concerned under Section 2(f) of the UGC Act. Regulation 1.2 declared that these regulations would apply even to every institution deemed to be a university under Section 3 of the UGC Act. Regulation 2 stipulated minimum qualifications for appointment and other service condition of university and college teachers, librarians, directors of physical education and sports, as a measure for maintenance of high standards in higher education.

6. It is further pleaded that the consequences of failure of universities in complying with the recommendation of the Commission were indicated in regulation 3, which reads as under:

“If any university grants affiliation in respect of any course of study to any college referred to in subsection (5) of Section 12A in contravention of the provisions of subsection, or fails within a reasonable time to comply with any recommendations made by the Commission under Section 12 or Section 13, or contravenes the provisions of any rule made under clause (f) of subsection (2) of Section 25 or of any regulations made under clause (e) or clause (f) or clause (g) of subsection (1) of Section 26, the Commission, after taking into consideration the cause, if any, shown by the university for such failure or contravention, may withhold from the university the grants proposed to be made out of the funds of the Commission.

7. So far as the selection of Vice Chancellor of Universities is concerned, paragraph 7 of the Annexure to the regulations states as under:

“ 7.3.0 Vice-Chancellor:

(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 academician, with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organization.

(ii) The selection of Vic















































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
whatsapp-icon Back to top