JUDGMENT :

1. Heard Mr. K.N. Choudhury, learned senior counsel appearing for the petitioner. Also heard Mr. A Chamuah, learned counsel for the respondent No.1 University Grants Commission (for short, UGC), Mr. D. Saikia, learned Senior Additional Advocate General for the respondent No.2 State of Assam in the Education Department and the respondent No.5 being the Chancellor, Gauhati University through the Secretary to the Governor of Assam, Mr. K.H. Choudhury, learned Senior counsel for the respondent No.3 the Executive Council of the Gauhati University and Mr. N. Dutta, learned Senior counsel for the respondent No.4.

2. The petitioner, who is a Professor in the Economics Department of the Gauhati University, having an experience of 13 years as a Professor is aggrieved by the Resolution No.R/EC-02/2018/35 of the Executive Council of the Gauhati University taken in its second regular meeting of 2018 held on 31.03.2018 and 24.04.2018 as regard the item No.31 thereof for the constitution of the Advisory Board for selection of Vice Chancellor of the University.

3. According to the petitioner, the Advisory Board so constituted is in fact the Search Committee for selection of Vice Chancellor of a University as contemplated under Clause 7.3.0(ii) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations 2010, (for short, UGC Regulations of 2010).

4. It the contention that the Advisory Board constituted by the Executive Council of the Gauhati University in its meeting of 31.03.2018 and 24.04.2018 is for all purpose, the Search Committee contemplated under clause 7.3.0 of the UGC Regulations of 2010, and, therefore, the eligibility conditions and the requirements of the said clause would also have to be satisfied in respect of the composition of the members of the Advisory Board. The petitioners rely upon the provisions of Clause 7.3.0(ii) of the UGC Regulations of 2010 which, inter alia, provides that the members of the Search Committee shall be persons of eminence in the sphere of Higher Education and shall not be connected in any manner with the University concerned or its Colleges to contend that the inclusion of the respondent No.4, Prof. Retd. Dulal Chandra Goswami as a member of the Advisory Board in the meeting of the Executive Council held on 31.03.2018 and 24.04.2018 would be unsustainable, inasmuch as, the respondent No.4 is also a member of the Selection Committee for making recommendation to the Executive Council for appointment of Professors, Readers, Lecturers, Registrars, Treasurers, Librarians and other Officers of the University as contemplated under Section 15 A(1)(a) of the Gauhati University Act of 1947 and as such he is very much connected with the Gauhati University, and, therefore, if he is made a member of the Advisory Board, it would be contrary to the provisions of Clause 7.3.0(ii) of the UGC Regulations of 2010.

5. In the aforesaid factual background, a further contention is raised by the petitioner that the earlier incumbent Vice Chancellor of the Gauhati University was also a part of the Executive Council in its meeting held on 31.03.2018 and 24.04.2018 by which the Advisory Board comprising of amongst others, the respondent No.4 was constituted and as the same incumbent Vice Chancellor would also be a candidate in the selection process for the new Vice Chancellor, he would be subjected to a selection process by an Advisory Board comprising of a member selected by such Executive Council of which he was a part, and, therefore the same would violate the Principles of Natural Justice under the concept, nemo judex in causa sua, which under the law means that no one can judge his own cause.

6. Per contra, Mr. D. Saikia, learned senior Additional Advocate General appearing for the respondent Nos.2 and 5 has raised a contention that the constitution of t