Andhra Pradesh High Court - Amravati
Ravela Prem Raj vs The State Of Ap on 19 November, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
APHC010494232024
IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-14
[3446]
AT AMARAVATI
WRIT PETITION NO: 25682 of 2024
Ravela Prem Raj ...Petitioner
Vs.
The State Of AP and Others ...Respondent(s)
**********
Advocate for Petitioner: Mr.Kallemu Vijaya Raju
Advocate for Respondents: Government Pleader for Agriculture
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE R RAGHUNANDAN RAO
DATE : 14th November 2024
PER DHIRAJ SINGH THAKUR, CJ (Oral):
The case of the petitioner is that the appointment of respondent No.5 is
in violation of the University Grants Commission Regulations, 2018, as also
Section 26(1) of the Dr. Y.S.R. Horticultural University Act, 2007.
Although a number of grounds have been taken in the writ petition, yet
what was urged before us was that Section 26(5) of the Dr. Y.S.R.
Horticultural University Act, 2007 (Act No.30 of 2007), which enabled the
Government to order any person to act as a Vice-Chancellor was contrary to
Section 26(1) of the Dr. Y.S.R. Horticultural University Act, 2007, as also the
University Grants Commission Regulations, 2018, which require that a person
HCJ & RRR, J
to be appointed as Vice-Chancellor should be a distinguished academician
with minimum of ten years' of experience as a Professor in a University, which
is a qualification stated to be not possessed by the said respondent.
2. We have heard learned counsel for the petitioner.
3. The appointment of the Vice-Chancellor, in the instant case, is
governed by the Dr. Y.S.R. Horticultural University Act, 2007. Section 26 of
the said Act envisages the Vice-Chancellor to be a full time officer of the
University and shall be appointed by the Chancellor from the panel of eminent
scientists in Horticulture/Agriculture drawn by the Search Committee, which
consists of i) the Chief Secretary to the Government of Andhra Pradesh, ii)one
nominee of the State Government, who shall be of eminence in the sphere of
Horticulture Science and shall not be connected in any manner with this
University or its colleges and shall not be below the rank of Vice-Chancellor iii)
Director General, Indian Council of Agricultural Research or his nominee.
Section 26(4) of the Act envisages that where the post of the Vice-
Chancellor falls permanently vacant either by resignation or otherwise, the
vacancy shall be filled by the Chancellor in accordance with the provisions of
Sub-section (1) and the Vice-Chancellor so appointed shall hold office for a
full term of five years.
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Section 26(5) of the Act vests the power with the Chancellor to appoint
any person temporarily to act as Vice-Chancellor on account of temporary
absence of the Vice-Chancellor on leave, for whatever reason or until the
vacancy caused in any other manner is filled.
4. In the instant case, it needs to be noticed that a writ petition came to be
filed challenging the appointment of one Dr. Janakiram Tholeti, who had been
appointed as Vice-Chancellor of the Horticultural University. By virtue of the
judgment and order, dated 26.06.2024 passed by a Division Bench of this
Court in Munavathu Dharu Naik and Another v. Office of the Honourable
Chancellor1, appointment of the said Vice-Chancellor was held to be void ab
initio.
As a necessary consequence of the orders passed by the Division
Bench of this Court the Chancellor ordered respondent No.5 to act as Vice-
Chancellor of the University. In fact, Section 26(5) of the Act does not in any
manner come in conflict with Section 26(1) of the Act. Section 26(5) of the Act
has been envisaged with a view to take care of a situation where a vacancy
caused is required to be filled up with a view to ensure that the business of the
University does not suffer on account of the absence of a Vice-Chancellor
pending his selection for the appointment in terms of Section 26(1) of the Act.
2024 SCC OnLine AP 2772
HCJ & RRR, J
5. Needless to say that while the process for selecting a Vice-Chancellor
may be initiated in the normal course much before the expiry of the term of a
regularly appointed Vice-Chancellor, who has otherwise gone through the
process of selection through a Search Committee, yet there may be situations
where a Vice-Chancellor may either proceed on leave or a vacancy is caused
on account of the sudden death or even as in the present case, on account of
the order of appointment having been declared void ab initio, which vacancy is
required to be filled up on a temporary basis, which contingency requires the
Chancellor to order any person to act as Vice-Chancellor temporarily.
6. Although an effort was made by learned counsel for the petitioner to
suggest that respondent No.5 did not possess the basic qualification which
would have entitled him to be considered for acting as a Vice-Chancellor even
on temporary basis, yet despite our repeated efforts to find out from the
learned counsel as to what precisely was the educational qualification of
respondent No.5 and how it was lacking, no answer could be elicited in that
regard.
7. In our opinion, Section 26(5) of the Dr. Y.S.R. Horticultural University
Act, 2007, does not in any way fall foul of the University Grants Commission
Regulations, 2018 and, in particular, Regulation 7.3 (i , ii & iii).
HCJ & RRR, J
8. Be that as it may, we do not find any merit in the present petition, which
is accordingly dismissed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ
R. RAGHUNANDAN RAO, J
akn
HCJ & RRR, J
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Writ Petition No: 25682 of 2024
DATE : 14.11.2024
AKN
