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
| 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
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....
Appointment as Vice-Chancellor of University – Post of Vice-Chancellor of University is a very important post and most meritorious person should be appointed as Vice-Chancellor of University from and....
The appointment of a Vice-Chancellor must adhere to statutory procedures; claims of bias must be substantiated, and the Visitor's discretion in appointments is paramount.
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
UCG Regulations has not been adopted by State Government and only reference made in respect to selection to post of Vice Chancellor of University is screening of applicants on their eligibility on ba....
The court upheld that the appointment process followed statutory provisions, and the involvement of the Minister did not invalidate the appointment, establishing judicial review limits in administrat....
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.
The Vice Chancellor has the authority to cancel meetings, and decisions made by unauthorized majorities do not hold validity under statutory provisions.
The main legal point established in the judgment is the importance of 'concurrence' of the State Government for the appointment of a Vice Chancellor under Section 14(4) of the Karnataka State Univers....
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