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 consequently to quash and set it aside on the ground that the appointment of the respondent No.1 is contrary to Para 7.3 of The University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (hereinafter referred to as ‘the UGC Regulations, 2018’).

Submissions on behalf of petitioner:-

3. Learned counsel for the petitioner submits as under:

(i) As per Para-7.3 of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (hereinafter referred to as ‘the UGC Regulations, 2010’), a person to be appointed as Vice Chancellor, amongst other qualifications, must have a minimum of 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 administrative organization. Since as on the date of appointment, the respondent No.1 was having less than ten years experience as a Professor in a University, therefore, his appointment is void ab-initio.

(ii) Para 1.2 of the UGC Regulations, 2010 provides that it shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission, in consultation with the university concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every institution deemed to be a university under Section 3 of the said Act. Para 1.3 of the UGC Regulations, 2010 provides that the Regulations shall come into force with immediate effect. Based on the aforesaid two Paras 1.2 and 1.3 of the UGC Regulations, 2010, it is submitted that even if any State Law provides minimum qualification/experience in conflict with the Regulations, 2010 for the post of Vice Chancellor, then to the extent of conflict, the State Law shall be void and Para 7.3 of the UGC Regulations, 2010 shall prevail in view of the Article 254 of the Constitution of India.

(iii) Para 7.3(1) of The University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (hereinafter referred to as ‘the UGC Regulations, 2018’), is identical to Para 7.3 of the UGC Regulations, 2010 and as such even if the provisions of the UGC Regulations, 2018 are applied, still the appointment of the respondent No.1 would be void ab-initio inasmuch as he does not possess t