MOHIT S. SHAH. C.J.

This Public Interest Litigation raises interesting questions about the role of University Grants Commission (UGC) in appointment of Vice Chancellor of a University governed by the provisions of the Maharashtra Universities Act, 1994 (‘MU Act’).

2. The petitioner has challenged the appointment of Search Committee for recommending the panel of suitable persons for selection of the Vice Chancellor of Pune University on the ground that the appointment of the Search Committee by the Chancellor in accordance with the provisions of Section 12 of MU Act is not in conformity with the provisions of Regulation 7.3.0 of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Stiff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 ("the UGC Regulations, 2010") made under the University Grants Commission Act, 1956 ("the UGC Act").

3. The Chancellor of Pune University (Governor of Maharashtra) formed a three member Search Committee comprising

(i) Mr. Justice Mukul Mudgal (Retired), Former Chief Justice of Punjab & Haryana High Court (Chairman),

(ii) Dr. R.S. Deshpande, Director, Institute of Social and Economic Change, Bangalore; and

(iii) Mr. Sanjay Kumar, Principal Secretary to Government of Maharashtra, Higher & Technical Education Department, Mumbai,

for recommending suitable nominations for the post of Vice Chancellor of Pune University. Chairman of the Search Committee issued an advertisement, which was published in the newspapers dated 4 November 2011 (Exhibit "G") inviting applications/ nominations from eminent academicians who fulfill the qualifications required for the post of Vice Chancellor, Pune University as prescribed by the Higher & Technical Education Department of the State Government vide its order dated 27 May 2009. The applications/nominations were required to reach on or before 5 December 2011.

4. The petitioner herein submitted representation dated 23 November 2011 to the Chancellor objecting to the procedure adopted for appointment of Vice Chancellor of Pune University on the ground that it was in violation of University Grants Commission Regulations, 2009 which came to be gazetted on 30 June 2010. The present petition came to be fi1ed on 19 December 2011. While issuing notice on 6 January 2012, it was clarified that there was no ad-interim stay against the interviews scheduled to be held on 9 January 2012. The interviews were held and the Search Committee submitted its recommendations to the Chancellor. Since the University Grants Commission (UGC) had not sent instructions to its counsel for more than a month inspite of service of notice, on 14 February 2012 this Court passed an order specifically highlighting the controversy raised in the petition and calling upon the UGC to make clear whether UGC had any objection or reservation regarding composition of the Search Committee. It was also made clear that since the Search Committee had already conducted interviews and the Chancellor was in the process of finalising the selection for making appointment, UGC shall treat the matter as most urgent.

5. Thereafter by affidavit dated 6 March 2012 of its Deputy Secretary, UGC has taken the stand that the UGC Regulations, 2010 (including those for appointment of Pro Chancellor and Vice Chancellor) under the UGC Act, 1956 are traceable to Entry 66, List I, VII Schedule of the Constitution and the Regulations are, therefore, binding on the State Government and the concerned universities and that, therefore, in view of Regulation 7.3.0 of UGC Regulations, 2010, the Search Committee in question cannot be termed valid for the purpose of selection and appointment to the post of Vice Chancellor of Pune University.

6. In view of the above stand of UGC, the controversy is essentially between the petitioner in this Public Interest Litigation supported by UGC on the one hand and the State of Maharashtra and