The importance of meeting the minimum educational qualification and experience criteria laid down by the respondent-University for the appointment of Vice Chancellor.

JUDGMENT :

VIPIN SANGHI, J.

1. The petitioner has preferred the present Writ Petition to seek a writ of quo warranto against respondent nos. 3 and 4, who were, at the time of filing of the present Writ Petition, serving as the Vice Chancellor, and Registrar of the Uttarakhand Ayurved University, Harrawala, Dehradun. Since then, respondent no. 4 has ceased to be the Registrar of the said University. Consequently, so far as this Writ Petition qua respondent no. 4 is concerned, it has become infructuous.

2. The case of the petitioner is that the respondent-University is a State University, constituted under the Uttarakhand Ayurved University Act, 2009 (for short “the 2009 Act”). Section 11 of the 2009 Act provides for appointment and tenure of the Vice Chancellor. The petitioner claims that the respondent-University is bound to comply with Regulation 7.3 of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (for short “UGC Regulations, 2018”), framed by the UGC.

3. On the other hand, the stand of the respondents is that the UGC Regulations, 2018 are not applicable to the respondent-University, for the reason that it is a State University, constituted under a State enactment, and it is not a centrally funded University.

4. On this aspect, we find merit in the submission of the respondents, that the respondent- University is not, per se, bound to follow the UGC Regulations, 2018, as the respondent-University is a State University, and it does not receive any aid from the Central Government. This conclusion, however, is not dispositive of the present Writ Petition. We, accordingly, proceed to consider the further issues relating to the challenge to the continuation of respondent no. 3 in office.

5. Respondent no. 2 issued an advertisement/press note dated 30.01.2020, inviting applications for the post of Vice Chancellor, Uttarakhand Ayurved University, Dehradun. The said advertisement/press note reads as follows:

“Press Note

Curriculum vitae from distinguished scholars, academicians of repute, a visionary with excellent leadership quality having highest level of competence, Integrity, morals and institutional commitment in the field of ayurved education, with a minimum of ten years of experience as Professor in a University system or ten years experience in a equivalent position in a reputed research and or academic administrative organization are invited for consideration for appointment to the post of Vice-Chancellor, Uttarakhand Ayurved University, Dehradun. Maximum age at the time of recommendation by search committee shall not be more than 65 years. The term shall for a period of three years from the date of joining.

The Curriculum vitae should be sent to the office of the undersigned by registered/speed post so as to reach the office by 15th February 2020 for placement before the search committee. The details of documents required are available on its website www.au.ac.in.”

6. A corrigendum was issued to the said advertisement/press note on 20.02.2020, which reads as follows:

“Press Note

(Corrigendum)

The Advertisement No-259/XL-1/2020-149/2010 T.CII Dated 30 January 2020 published in daily newspapers on 30 January 2020 for the post of Vice-Chancellor should be read as "Curriculum vitae from renowned Ayush educationists or retired officers from higher level suitable to hold the post of Vice-Chancellor, showing their educational and Specific administrative experience are invited for consideration for appointment to the post of Vice Chancellor, Uttarakhand Ayurved University, Dehradun Maximum age at the time of recommendation by search committee shall not be more than 65 years. The term shall for a period of three years from the date of joining.

The Curriculum vitae should be sent to the offi