SURYA PRAKASH KESARWANI, ANISH KUMAR GUPTA
Rakshapal Singh – Appellant
Versus
Prof. Chandra Shekhar – Respondent
JUDGMENT :
Surya Prakash Kesarwani, J.
1. Heard Sri Gopal Krishna, learned counsel for the petitioner, Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the respondent no. 1, Sri A.K. Singh, learned Senior Advocate assisted by Sri Shashi Prakash Rai, learned counsel for respondent no. 2/University, Sri Bharat Pratap Singh, learned Additional Chief Standing Counsel for the respondent no. 3 and Sri Rizwan Ali Akhtar, learned counsel for the respondent No.4/UGC.
Facts:-
2. Briefly stated facts of the present case are that the respondent No.1 has been appointed as the Interim (first) Vice Chancellor of the respondent No.2-University (a new University), i.e. Raja Mahendra Pratap Singh State University, Aligarh (for short ‘RMPSS University’) by a Government Order No.600/lRrj-1-2021-16(26)/2019 dated 30.12.2021, issued in exercise of powers conferring under Section 4(1-B) of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as ‘the U.P. Act, 1973’). The petitioner has filed the present writ petition praying for a relief in the nature of a writ of Quo Warranto to declare appointment of the respondent No.1 as void ab-initio and conse
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The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
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