JUDGMENT :

M. R. Shah, J.

By this writ petition under Article 32 of the Constitution of India the petitioner has prayed for a writ of quo warranto challenging the appointment of respondent No. 4 as a Vice Chancellor of respondent No. 2 - Sardar Patel University (hereinafter referred to as "SP University") and to quash and set aside the notification dated 29.08.2019, bearing No. GH/SH/76/SPY/122010/2626/KH-2 passed by respondent No.1 - State of Gujarat, appointing respondent No. 4 as the Vice Chancellor of the respondent - SP University. The petitioner has also prayed for any other appropriate writ, direction and order directing respondent authorities to recover from respondent No. 4 all consequential benefits not limited to pay, with retrospective effect, that have been extended to him by virtue of his illegal appointment as Vice Chancellor of the SP University.

2. It is the case on behalf of the petitioner that the University Grants Commission (hereinafter referred to as the "UGC") framed 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, 2010 (hereinafter referred to as the "UGC Regulations, 2010") which, inter alia, prescribes in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a professor in the University system. It also provides for constitution of a Search Committee consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of UGC, a nominee of Syndicate/Executive Council of the University. That the Search Committee has to recommend the names of suitable candidates for appointment as Vice Chancellor of a University.

2.1 That the UGC Regulations, 2010 has been substituted subsequently vide UGC Regulations, 2018 with slight modifications which shall be referred to hereinbelow.

2.2 It is the further case on behalf of the petitioner that the Union Ministry of Human Resource Development laid down a Scheme of revision of pay of teachers and equivalent cadres in the Universities following the 6th Central Pay Commission (hereinafter referred to as the "Scheme"). The Scheme provides a fixed pay of Rs. 75,000/- along with a special allowance of Rs. 5,000/-per month to the Vice Chancellor. Para 8(p)(v) of the said Scheme provides that it is extended to Universities, Colleges and other higher educational institutions coming under the purview of the State Legislature, provided the State Governments wish to adopt and implement the scheme with certain conditions, inter alia, financial assistance from the Central Government to the extent of 80% of the maintenance expenditure and remaining 20% shall be met by the State Government. Payment of Central assistance for implementing the scheme was subject to the condition that the entire scheme of revision of pay scales together with all the conditions to be laid down by the UGC by way of regulations and other guidelines shall be implemented by the State Governments and the Universities thereunder without any modification. According to the petitioner, the State of Gujarat passed a Resolution dated 11.11.2009 adopting the Scheme. Since the Scheme has been adopted, all regulations framed by the UGC are binding upon the State of Gujarat including the respondent - SP University. That on adoption of the Scheme by the State Government as well as the SP University, the said University is receiving Central financial assistance under the Scheme and is included in the list of State universities receiving Central financial assistance as per Section 12 (b) of the UGC Act, 1956. It is the case on behalf of the petitioner that since the Scheme has been adopted, all regulations framed by the UGC are binding upon the State of Gujarat including the SP University.

2.3 The UGC addressed a communication dated 11.08.2014 to H.