HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA, J.
Professor Ramesh Chandra, S/o. Shri Sunder Lal - Petitioner
Versus
The Chancellor, Maharaja Suraj Mal Brij University, Jaipur (Rajasthan) – Respondent
S. B. Civil Writ Petition No. 17624 of 2025
Decided On : 17-02-2026
JUDGMENT :
ANAND SHARMA, J.
1. Petitioner has filed the present writ petition with following prayers :
“It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct:
(i) to declare the Sub Section (1) of Section 11A, MSBU Act,2012 unconstitutional being vague, ambiguous, arbitrary, and conferring un-canalized power to the Chancellor to remove a Vice-Chancellor in violation of Article 14 of the Constitution of India;
(ii) to quash and set aside the impugned Order dated 11.11.2025 (Annexure-23) terminating the petitioner and directing the Respondents to allow the Petitioner to function on the post of Vice Chancellor, Maharaja Surajmal Brij University, Bharatpur with all consequential benefits
(iii) also to quash and set aside the impugned Order dated 28.03.2025 (Annexure-1) suspending the petitioner and direct the Respondents to allow the Petitioner to function on the post of Vice Chancellor, Maharaja Surajmal Brij University, Bharatpur with all consequential benefits, and
(iv) to pass any other appropriate order, direction in favor of the humble Petitioner in the interest of justice and in the circumstances of the present case.”
2. Since vires of Section 11-A (1) of the Maharaja Surajmal Brij University Act, 2012 (hereinafter to be referred as 'the MSBU Act, 2012') was also questioned by the petitioner, therefore, the writ petition was listed before the Division Bench of this court on 16.12.2025. However, during hearing before the Division Bench, the petitioner did not press his challenge to vires of Section 11-A (1) of the MSBU Act, 2012, therefore, the Division Bench passed following order:
“Learned Senior counsel for the petitioner upon instructions submits that the challenge made in the present petition is vires to Section 11-A (1) of the Maharaja Surajmal Brij University Act, 2012 (hereinafter referred to as MSBU Act 2012) is not pressed.
Considering that the order which is under challenge is to be examined by the Single Bench of this Court.
The petition is therefore ordered to be listed before the Single Bench on 08.01.2026.”
3. Consequently, the matter was listed before the Single Bench for consideration of the challenge to the suspension order dated 28.03.2025 and the subsequent termination order dated 11.11.2025 passed by the Chancellor of the University. The petitioner further prayed for reinstatement with consequential benefits.
4. It has been contended by the petitioner in memo of writ petition that he was a distinguished biomedical scientist and academic administrator. After following the procedure contemplated in Section 11 of the MSBU Act, 2012, on the basis of recommendation of selection committee followed by the consultation with the State Government, he was appointed as Vice-Chancellor of Maharaja Surajmal Brij University, Bharatpur (in short “MSBU”) on 08.03.2023 issued by the Chancellor for a term of three years. During his tenure, acting upon State directives to verify credentials of affiliated colleges, petitioner constituted committees to inspect and review the status of certain colleges, including Shri Ganga Saran Women’s College and S.N. College, Halena. The inspection and subsequent high-level committee reports found serious deficiencies in infrastructure and compliance and recommended for withholding or cancelling affiliation in accordance with the MSBU Act, 2012 and the MSBU (Affiliation of Colleges) Rules, 2015. Acting thereon, the University initiated de-affiliation proceedings.
5. Subsequently, complaints were made by representatives of the concerned colleges to the Hon’ble Governor/Chancellor. On 01.01.2025, the matter was referred to the Divisional Commissioner, Bharatpur, who constituted a two- member committee, one member of which was alleged to have a conflict of interest. The petitioner objected to the constitution and jurisdiction of the said committee. Thereafter, on 07.03.2025, a four-member committee was constituted by the Chancellor under Section 9(2) of the MSBU
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The Chancellor's suspension of the Vice-Chancellor was invalid due to failure to consult the State Government, violating procedural safeguards and natural justice principles.
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
The removal of a Vice Chancellor without adherence to statutory provisions and principles of natural justice is invalid.
Section 13 of University Act, 2000 clearly states that Registrar shall be a full time officer of University and shall be appointed by State Government.
Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.
The main legal point established in the judgment is that a disciplinary authority, such as the Executive Council, exercises quasi-judicial function and lacks the authority to review its own decision ....
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