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IN THE HIGH COURT OF DELHI
Rajendra Menon, Anup Jairam Bhambhani, JJ.
M.K. Singh - Appellant
Versus
Chancellor, Rashtriya Sanskrit Sansthan - Respondent
W.P.(C) 12030 of 2015
Decided On : 27-03-2019




JUDGMENT

Anup Jairam Bhambhani, J. (Oral)--The petitioner, M.K. Singh challenges the appointment of respondent No.2/Professor P.N. Shastry as Vice-Chancellor of respondent No.3/Rashtriya Sanskrit Sansthan (hereinafter the "Sanskrit Sansthan") by way of a writ of quo warranto and seeks his removal from office. It is the petitioner's contention that Professor P.N. Shastry (Professor P.N. Shastri) was appointed in violation of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 as amended in 2013(hereinafter the "UGC Appointment Regulations 2010") ; and the petitioner thereby seeks quashing of order dated 15.06.2015 issued by respondent No.6/Ministry of Human Resource Development (hereinafter the "Ministry) appointing Professor P.N. Shastry as Vice-Chancellor. The petitioner also seeks a direction to respondent No.5/University Grants Commission (hereinafter the "UGC") and the Ministry to evolve a mechanism and appoint officers to monitor strict compliance of the regulations for appointment of Vice-Chancellors of universities.

2. The petitioner claims to be a qualified law practitioner and social activist who, being conscious of the importance of quality and standards required to be followed by educational institutions, has purportedly filed the petition in public interest, based upon information gathered through the mechanism of the Right to Information Act, 2005. Sanskrit Sansthan is a deemed university operating under the regulatory regime of the UGC. Sanskrit Sansthan is established as a society and is governed by its Memorandum of Association, with its main office situate at New Delhi and with 11 campuses around the country. The main objective of the society/sansthan is to propagate, develop and encourage traditional Sanskrit learning and research. The governing body of the Sanskrit Sansthan is its Board of Management. The Vice-Chancellor is the Chairperson of the Board.

3. The appointment of the Vice-Chancellor is to be made in accordance with Article 25 of the Memorandum of Association, the relevant part of which reads as under:

No.Name of the SocietyThe name of the Society shall be Rashtriya Sanskrit Sansthan
25.Vice-Chancellor(i) The Vice-Chancellor shall be a whole time salaried officer of the Sansthan deemed to be university and shall be appointed by the Chancellor from a panel of three names suggested by a Search-cum-Selection Committee. The composition of the Search-cum-Selection Committee shall be:
1. A nominee of the Chancellor
2. A nominee of Central Government; who shall be an eminent academic nominated by the Government in consultation with the UGC.
3. A nominee of the Board of Management

"

(Emphasis Supplied)

4. It is the appointment of the Vice-Chancellor that is under challenge by way of the present petition.

5. It is the petitioner's contention that appointment of Professor P.N. Shastry as Vice-Chancellor (hereinafter the "Vice-Chancellor") is vitiated by reason of defect in the composition of the Search-cum-Selection Committee (hereinafter the "Search Committee") which recommended his name for appointment. The petitioner argues that since the nomination of one of the three members of the Search Committee, namely the nominee of the Central Government, is not in accordance with Regulation 7.3.0 of the UGC Appointment Regulations 2010, the appointment of the Vice-Chancellor is bad in law.

6. The relevant part of Regulation 7.3.0 of the UGC Appointment Regulations 2010as amended vide notification dated 13.6.2013, to which the petitioner refers, reads as under:

"7.3.0 VICE-CHANCELLOR

i.......

ii. The selection of Vice-Chancellor should be through proper identification of a panel of 3-5 names by a Search Committee through a public notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons

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