JUDGMENT :

A. K. Goswami, J.

Heard Mr. K. N. Choudhury, learned senior counsel appearing for the appellant. Also heard Mr. K. H. Choudhury, learned Senior counsel, assisted by Ms. P. Barman, appearing for respondent No. 3; Mr. D. Saikia, learned Senior counsel, assisted by Mr. S. Hazarika, appearing for respondent No. 5; Mr. M. K. Choudhury, learned Senior counsel, assisted by Mr. N. Deka, appearing for respondent No. 4; Mr. K. Gogoi, learned Standing counsel, Education (Higher) Department, appearing for respondent No. 2 as well as Mr. A. Chamuah, learned Standing counsel, University Grants Commission (UGC), appearing for respondent No. 1.

2. By this intra-court appeal, the appellant has put to challenge the judgement and order dated 11.04.2019 passed in WP(C) 6374/2018, whereby the writ petition filed by the appellant was dismissed.

3. Essentially, the case revolves around fresh selection of the Vice-Chancellor of the Gauhati University. The term of the Vice-Chancellor had ended in the month of August, 2018 and it is submitted at the Bar that, presently, he has been asked by respondent No. 5, i.e., the Chancellor, to continue as i/c, Vice-Chancellor.

4. The appellant is a Professor in the Department of Economics, Gauhati University, and is an applicant for the post of Vice-Chancellor. The appellant had responded to the advertisement published in The Assam Tribune dated 10.07.2018, seeking nominations/applications for the post of Vice-Chancellor of the Gauhati University, by filing her application with all testimonials.

5. The Gauhati University was established under the Gauhati University Act, 1947 (for short, "the GU Act"), enacted by the State Legislature. Section 8.A.(1) of the GU Act provides the modalities for appointment of the Vice-Chancellor. It is pleaded in the writ petition that, in terms of Section 8A(1), the Chancellor had constituted an Advisory Board with 3 (three) Members. One Member, out of three Members, was elected by the Executive Council as required. He was so elected in the meetings of the Executive Council held on 31.03.2018 and 24.04.2018 and in such meetings of the Executive Council, the incumbent Vice-Chancellor had participated, which is not fair. The elected Member of the Executive Council, namely, respondent No. 4, is associated with the university as he is a Member of the Selection Committee constituted under Section 15A(1)(a) of the GU Act as also a Guest Lecturer in the Department of Environmental Science. Plea is taken that the UGC had framed a regulation, namely, University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education) Regulations, 2010 (hereinafter referred to as "Regulations, 2010"), and Clause 7.3.0 thereof, which deals with selection of Vice-Chancellors of Universities, prescribes a mode of selection which is different from the prescription as laid down in the GU Act. These aspects essentially form the core of the case presented by the writ petitioner. On the above background, prayer is made for (i) quashing of the Resolution No. R/EC-02/2018/35, adopted in the meetings dated 31.03.2018 and 24.04.2018, (ii) directing the Executive Council to elect a new Member to the Advisory Board for selection of a new Vice-Chancellor and (iii) declaring the Advisory Committee constituted for selection of a new Vice-Chancellor of the Gauhati University as unconstitutional.

6. Though in the writ petition reference is made to "Advisory Board", in the prayer portion same is referred to as "Advisory Committee" instead of "Advisory Board".

7. The questioned Resolution of the meetings held on 31.03.2018 and 24.04.2018 was adopted against item No. 31. The learned Single Judge had recorded a finding at paragraph 15 that the Vice-Chancellor had not participated in the deliberations of the Executive Council in the aforesaid meetings for nomination of a Member to the Advisory Board f