ORDER :

P.D. AUDIKESAVALU, J.

Prayer:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that all proceedings in relation to the order of appointment of the Fourth Respondent as Vice Chancellor of PTU issued by the Second Respondent in No. 37/ RUSA/PSHEC/PTU/2021/1052 dated 17.12.2021 is illegal and ultra vires and to direct the official First to Third Respondents to constitute a fresh Search Committee in compliance with UGC Regulations for Appointment of a new Vice Chancellor of the Puducherry Technological University within a limited time frame.

Prayer:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that Section 14(5) and proviso to Section 14(5) of the Puducherry Technological University Act, 2019 as unconstitutional, void and non-est in law and consequently declare the constitution of the Search Committee by Proceedings in G.O. Ms. No. 03 dated 20.01.2021 issued by the Second Respondent, as well as appointment of the Sixth Respondent as Vice Chancellor of the Puducherry Technical University as illegal and void.

Since the present Writ Petitions relate to the same controversy and are inter-connected, they have been heard together and are disposed by this common order.

2. The Legislative Assembly of the Union Territory of Puducherry, which has been conferred with powers to legislate on subjects in Lists II and III of Schedule VII of the Constitution, has enacted the Puducherry Technological University Act, 2019 (hereinafter referred to as 'the PTU Act' for short), that came into force with effect from 24.06.2020 establishing the Puducherry Technological University (hereinafter referred to as 'PT University' for short) under Section 3 of that Act. In terms of Section 14 of the PTU Act, the Vice-Chancellor of PT University has to be appointed from among the panel of three names of persons recommended by a 'Search Committee' referred to in Section 14(5) of the PTU Act and such a panel shall not contain any member of the 'Search Committee'. For the purpose of Section 14(5) of the PTU Act, the 'Search Committee' shall consist of following members to recommend the names for the appointment as Vice-Chancellor, namely:-

For the appointment of First Vice-Chancellor, Secretary to Government (Higher and Technical Education), Government of Puducherry shall be the member in place of the nominee of Board of the Governors.”

The Government of Puducherry by G.O. Ms. No. 03, Chief Secretariat (Higher and Technical Education) dated 20.01.2021 constituted a 'Search Committee' under Section 14(5) of the PTU Act for selection of the First Vice-Chancellor of PT University with the following nominees:-

In furtherance to the recommendations made by the 'Search Committee' of PT University, Dr. S.Mohan was appointed as its Vice-Chancellor by Proceedings No. 37/RUSA/PSHEC/PTU/ 2021/1052 dated 17.12.2021 issued by the Secretary to Government (Education), Government of Puducherry for a period of five years, or till he attains the age of superannuation as specified by the University Grants Commission (hereinafter referred to as 'the UGC' for short) from time to time, whichever is earlier.

3. At this juncture,