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2024 Supreme(P&H) 1428

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
TRIBHUVAN DAHIYA, J.
DR. Jagveer Rawat – Appellant
Versus
State Of Haryana And Others
CWP-2848-2022
Decided on : 22-08-2024

Advocates Appeared:
For the Appellant :Mr. Nitin Kant Setia, Advocate,
For the Respondent:Mr. Ravinder Singh Budhwar, Addl. AG, Haryana, Mr. K.K. Gupta, Advocate Mr. Sumit Narang, Advocate

The appointment of a university Vice-Chancellor must comply with statutory requirements for unanimous consent from the Board as stipulated by law.

Headnote:(A) Lala Lajpat Rai University of Veterinary and Animal Sciences Act, 2010 - Sections 13(a), 20(1) - Appointment of Vice-Chancellor - Petition challenging the appointment based on lack of unanimous consent required by the Act - The appointment of the fifth respondent as Vice-Chancellor was set aside due to failure to obtain unanimous consent from all Board members, which is a statutory requirement. (Para 7.5)

(B) Appointment Process - The process for appointing a Vice-Chancellor requires a unanimous decision; any dissent noted post-proceeding does not validate a non-unanimous decision. (Paras 7.3, 8) Facts of the Case: The petitioner challenged the appointment of the Vice-Chancellor of LUVAS, arguing lack of unanimous consent from the Board during the meeting held on 20.01.2022, where one member was muted and did not provide consent.

Findings of Court:
The Court found that the appointment was made without meeting the statutory requirement of unanimity, thus the appointment was void.

Issues: Whether the appointment was valid without unanimous consent.

Ratio Decidendi: The court ruled that absence of an expressed opinion or formal dissent during the meeting cannot equate to approval; the statutory requirement of unanimous consent must be met for valid appointment. (Paras 7.4, 9)

Result: Writ petition is allowed and the appointment order is set aside.

Table of Content
1. challenge to the legality of appointment procedure (Para 1 , 2)
2. claim of dissent not acknowledged during proceeding (Para 3 , 4)
3. statutory requirement of unanimous consent for appointment (Para 5 , 6 , 7)
4. court ruling and directives for statutory adherence (Para 8 , 9 , 10)

JUDGMENT :

Tribhuvan Dahiya, J.

1. The petition has been filed seeking a writ of certiorari setting aside the order dated 20.01.2022, Annexure P-3, whereby the fifth respondent has been appointed as Vice-Chancellor of the second respondent/University. Further, a writ of mandamus has been sought directing the official respondents to initiate the process of appointment afresh in accordance with the University Act.

2. The University was established under Lala Lajpat Rai University of Veterinary and Animal Sciences Act, 2010 (hereinafter referred to as 'the Act'). On expiry of the term of outgoing Vice-Chancellor, the process to select and appoint a new person was initiated. Distinguished veterinarians submitted applications for the post which included the petitioner as well. A list of applicants along with their bio-data, Annexure R-2/1, was prepared.

2.1. The 28th meeting of the Board of Management under the chairmanship of Chief Secretary, Government of Haryana, was scheduled for appointing a new Vice-Chancellor, on 20.01.2022 at 03:00 pm in the committee room of Haryana Niwas, Chandigarh. The seventh respondent, who was an official member of the Board in the capacity as Deputy Director General (Animal Science), Indian Council of Agricultural Research (ICAR), New Delhi, requested to join the meeting online through video conferencing. Accordingly, the University Registrar asked National Informatics Center (NIC) to provide necessary link/facility for the purpose, vide email dated 18.01.2022, Annexure R-2/2. The weblink for video conferencing was, thereafter, mailed to the seventh respondent by the Deputy Registrar vide email dated 19.01.2022, Annexure R-2/3.

2.2. The Board meeting was held as scheduled on 20.01.2022 at 03:00 p.m., wherein the seventh respondent was virtually present through the link provided by the University. There were three agenda items placed before the Board; 1. confirmation of proceedings of the 27th meeting of the Board of Management held on 16.07.2021; 2. action taken report on the proceedings of the 27th Board meeting; B-3. appointment of Vice-Chancellor of the University. The first agenda item was 'confirmed', and the second one was 'noted', regarding the third item, the Board considered twenty-one applications that were received in the Registrar's office, and 'unanimously' decided to appoint the fifth respondent as Vice-Chancellor with effect from the date he takes over as such, for a period of four years or till attaining sixty-five years of age, whichever was earlier. Relevant extracts of proceedings of the Board meeting dated 20.01.2022, Annexure R-2/4, is as under:

After considering the applications placed before it, the Board in exercise of powers conferred under Section 13 (a) & 20 (1) of Lala Lajpat Rai University of Veterinary and Animal Sciences, Hisar Act, 2010 read with Clause-2 of Chapter-Ill unanimously decided to appoint Dr. Vinod Kumar Venna, Prof. & Head, Department of VPTX, LUVAS, Hisar as Vice-Chancellor, LUVAS, Hisar w.e.f. the date he takes over as such for a period of four years or till he attains the age of 65 years, whichever is earlier, on usual terms and conditions.

The Board deeply appreciated the services and contributions made by Dr. Gurdial Singh in discharging his duties.

The meeting ended with a vote of thanks to the Chair.

2.3. The same day, the Registrar issued order of appointment dated 20.01.2022, Annexure R-2/5, which reads as under:

In exercise of the powers conferred under Section 13 (a) and 20 of Lala Lajpat Rai University of Veterinary and Animal Sciences Act, 2010 , read with Clause 2 of Chapter-Ill of LUVAS Statutes, the Board of Management, LUVAS, Hisar, in pursuance of the

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