PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Anupam Bera – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Prakash Shrivastava, C.J.
1. The petitioner being General Secretary of one Jatiyatabadi Adhyapak O Gabeshak Sangha, a registered society and organization of educationist, has filed the present public interest petition challenging the validity of West Bengal University Laws (Amendment) Act, 2012 and West Bengal Laws (Amendment) Act, 2014 and has prayed for writ of quo warranto questioning the appointments of respondent nos. 5 to 35 as Vice-Chancellors of different Universities within the State of West Bengal.
2. The plea of the petitioner is that the provisions of the West Bengal University Laws (Amendment) Act, 2012 (for short, ‘Act of 2012’) and West Bengal University Laws (Amendment) Act, 2014 (for short, ‘Act of 2014’) are ultra vires of the provisions of the Constitution of India, University Grants Commission Act and the UGC Regulations of 2010 and 2018. Further plea of the petitioner is that the respondent Vice-Chancellors have been appointed either by a Search Committee which was not properly constituted or without constituting any such Committee. Some of the appointments are also being challenged on the ground that they do not fulfill the minimum eligibility criteria o
Annamalai University Represented By Registrar vs. Secretary To Government
Bhairul Chunilal Marwadi vs. State of Bombay and Others reported in AIR 1954 Bom 116
Gambhirdan K. Gadhvi vs. State of Gujarat and Others reported in (2022) 5 SCC 179
Kalyani Mathivanan vs. K. V. Jeyaraj and Others reported in (2015) 6 SCC 363
State of T.N. v. Adhiyaman Educational & Research Institute and Others reported in (1995) 4 SCC 104
K. J. Joseph vs. Hon’ble Justice
Dr. M. S. Mudhol and Another vs. S. D. Halegkar and Others reported in (1993) 3 SCC 591
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
Appointment as Vice-Chancellor of University – While preparing panel, Search Committee must give proper weightage to academic excellence; exposure to higher education system in country and abroad, an....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
Appointment as Vice-Chancellor of University – Post of Vice-Chancellor of University is a very important post and most meritorious person should be appointed as Vice-Chancellor of University from and....
The UGC Regulations-2010, while important, are not mandatory for all universities and higher educational institutions, and the expertise of the search committee in making selections is crucial.
The power of reappointment of the Vice Chancellor was held to be vested with the Chancellor and not the State government, and the State government's order re-appointing the VC was held to be in viola....
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