IMPORTANT POINT
The UGC Regulations allow for the nomination method in appointing a Vice Chancellor, validating appointments even if candidates did not respond to advertisements.

JUDGMENT :

Manoj Kumar Tiwari, ACJ.

In this writ petition, allegedly filed in public interest, petitioners have sought the following reliefs:-

“i. Issue writ rule or direction in the nature of declaration, or quo-warranto against respondent No.4 showing her authority to continue as Vice Chancellor of the HNB Central University, Srinagar and to remove her forthwith from the post of Vice Chancellor and declare her appointment as illegal, arbitrary, unconstitutional and against the statuary provisions as per Central University Act and based on fraud and every action or decision taken by her be declared as avoid, ab initio, illegal and nullity with all consequential effect keeping in view the facts highlighted in the body of petition after calling the entire record from the respondents along with its effect and operation also.

ii. Issue writ rule or direction in the nature of Certiorarified Mandamus declaring the Screening Committee constituted for the appointment of the Vice Chancellor, HNB University so far as empowering the alleged committee mentioned in Central Universities Act to recommend the name of three persons for the appointment of Vice Chancellor section with along with all consequential acts or orders and proposed actions as ultra- vires, illegal, arbitrary, unreasonable, contrary to the provisions of the UGC and to quash the same, after calling the entire records from the respondents along with its effect and operation also, or to mould the relief appropriately, keeping in view the facts highlighted in the body of the writ petition.

iii. Issue writ rule or direction appropriate in nature against the Ministry of Education and University Grant Commission for its inaction in respect of violation of provisions of Central Universities Act and UGC regulations by the Central Government in the manner of appointment of Vice Chancellor and other authorities of the universities as well as faculty, so the UGC authorities and Ministry of Education authorities cannot escape from their legal obligations, keeping in view the provisions of Central Universities Act and regulations and further to direct the respondent no.3 to bring on record the entire service records of the respondent no.4 to find out the truth and further restrain the private respondent no.4 to exercise financial and administrative powers which is available to the Vice Chancellor.

iv. Issue any other writ rule or direction which this Hon’ble Court may deem fit and proper in circumstances of the case including for setting up enquiry against the erring officer and to take appropriate action against the same.”

2. In sum and substance, petitioners have questioned selection and appointment of respondent no.4 as Vice Chancellor of Hemwati Nandan Bahuguna Garhwal University, Srinagar (for short “HNB GU”) on the ground that she had not even applied pursuant to the advertisement dated 30.01.2018, issued by Department of Higher Education, Ministry of Human Resource Development, Government of India, yet she was appointed as Vice Chancellor for a term of five years w.e.f. 31.10.2019.

3. It is not in dispute that term of respondent no.4 as Vice Chancellor of HNB GU came to an end on 31.10.2024.

4. Respondent No.1- Union of India has placed reliance upon provision contained in Clause 7.3 (ii) of the UGC Regulations on 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, 2018, which reads as under:-

“7.3(ii) The selection for the post of Vice- Chancellor should be through proper identification by a Panel of 3-5 persons by a Search-cum-Selection-Committee, through a public notification or nomination or a talent search process or a combination thereof. The members of such Search-cum-Selection Committee shall be persons’ of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing th