Change India, a trust, Centre for Advocacy and Research in promoting the cause of democratisation of Society, Equity, Rule of Law, Human rights, Accountable Governance, Sustainable Development and Alternative Developmental models, and one Dr.M.Anandakrishnan, claiming to be a social worker interested in producing top quality of imparting teaching and learning, have filed these Writ Petitions in public interest, seeking to quash the advertisement dated 31.5.2015 issued by the fourth respondent Registrar, Madurai Kamaraj University in Ref. No. MKU/R17/VC/2015 and to direct the second respondent Principal Secretary to Government of Tamil Nadu, Higher Education Department, to comply with the provisions of UGC Act, 1956 and its Regulations 2010, read in the light of their G.O. (Ms) No. 350 dated 09.09.2009 and G.O. Ms. No. 78 dated 23.4.2015 for appointing Vice Chancellor.

2. The allegation within the limited domain of the instant Public Interest Litigations is that the provisions of the University Grants Commission [for short, “UGC”] and its Regulations are said to be binding on all universities whether conventional or open or private university. The concern of the petitioners before this Court, is with respect to the appointment of Vice-Chancellor of the fourth respondent Madurai Kamaraj University.

3. A Vice-Chancellor of a University is a pivotal person, especially of a multi-discipline university. According to the petitioners, only distinguished academicians, who command high respect and regard on account of their past record, are only to be appointed Vice Chancellors to Universities through transparent process.

4. It is in the aforesaid context, the petitioners submit that the new advertisement notification was released by Search Committee. Pointing out the Notification issued by Annamalai University Search Committee for short-listing candidates for the post of Vice Chancellor, learned counsel for the petitioner submitted that the same methodology can be followed by the Search Committee of the fourth respondent. According to him, in the said notification by Annamalai University, it has been clearly mentioned that the applicant should be a distinguished academician with minimum ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and / or academic or administrative organization. The Notification further sought for a declaration from the candidate that no criminal case is pending against him / her while submitting the application for the post of Vice Chancellor. Quoting the same, the petitioners allege that the two clauses highlighted by them have not been incorporated in the impugned notification and surprisingly, both these clauses have been diluted/eliminated in the advertisement with regard to fourth respondent University. In such circumstance, the petitioners have filed the instant writ petitions in order to prevent detention of standards and selection of Vice Chancellor without the mandatory qualification and criteria prescribed by the UGC.

5. The respondents 1 and 2, who are the State authorities filed counter contending that under Section 11 of the Madurai Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965), the search committee was constituted by the Chancellor and thereafter notified by the Government. It is further stated that the Search Committee, being an independent and autonomous body, can prescribe the eligibility criteria for the post of Vice Chancellor. According to the State Government, UGC Regulations, 2010 are mandatory for Central Universities, Colleges and other educational institutions under the purview of State Legislation, as the matter has been left to the State Government to adopt and implement the scheme and that the UGC Regulations, 2010 have not been adopted by State of Tamil Nadu.

6. The third respondent UGC which was enacted to make provisions for the co-ordination and determination of standards in universit