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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Dharam Paul Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition challenges vc extension due to unlawful appointment under s.24. (Para 1 , 2 , 3 , 8) |
| 2. s.24(1) mandates personal dg icar presence in selection committee. (Para 4 , 5 , 6 , 7 , 11 , 12) |
| 3. delay, laches, locus issues bar challenge to appointment and extension. (Para 9 , 13 , 14 , 15 , 16) |
| 4. no locus standi or quo warranto; acquiescence estops petitioner. (Para 10 , 33 , 34 , 35 , 36 , 37) |
| 5. vc appointed by chancellor on specific selection committee recommendation. (Para 17 , 18 , 19) |
| 6. invalid selection unchallenged permits tenure completion without quashing. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 7. s.24(3) proviso allows incumbent vc continuation till successor. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 8. petition dismissed; contempt proceedings disposed. (Para 38 , 39) |
JUDGMENT :
SANDEEP SHARMA, J.
1. By way of present petition filed under Art. 226 of the Constitution of India, the petitioner has prayed for following main reliefs:
“(i) That an appropriate writ, order or directions may kindly be issued, thereby directing the respondent No.2 not to grant any extension to respondent No.4, whose initial appointment itself was unlawful and was in contravention of Secti
Invalid Selection Committee lacking personal DG ICAR presence renders Vice-Chancellor appointment unlawful, but unchallenged tenure completion permits valid extension under S.24(3) proviso as continu....
First choice in Section 13(7) of “Act” is Vice Chancellor of any other University in Kerala; and admittedly, all such persons are fully qualified in terms of both experience and educational qualifica....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
eligibility contained under Section 10(10) of the Act 1996 in the matter of making reappointment by referring to various legal dictionaries.
It is in interest of University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to disputes in Uni....
Age and qualification restrictions for Vice-Chancellors apply only to substantive appointments, not to temporary administrative arrangements ensuring continuity pending regular appointment under Sect....
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.
It is trite and settled law that a writ of quo warranto can be issued in the case of appointment of like nature which is contrary to the statute.
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