4Th November vs Union Of India & Others
2024 Latest Caselaw 2513 UK

Uttarakhand High Court

4Th November vs Union Of India & Others on 4 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                            2024:UHC:8097-DB

        HIGH COURT OF UTTARAKHAND AT
                              NAINITAL
      HON'BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI

                                     AND

                HON'BLE SRI JUSTICE VIVEK BHARTI SHARMA

               WRIT PETITION (S/B) NO. 84 OF 2021
                      04TH NOVEMBER, 2024
Ravindra Jugran & another                                   .....Petitioners.
                                   Versus

Union of India & others                                  ....Respondents.

Counsel for the Petitioners                :      Mr.   M.C.     Pant    and   Mr.
                                                  Anurag       Tiwary,     learned
                                                  counsels.

Counsel for the Union of India             :      Mr.     V.K.      Kaparuwan,
                                                  learned Standing Counsel.

Counsel for the Respondent No.2            :      Ms.      Anjali       Bhargava,
                                                  learned counsel.

Counsel for the Respondent Nos.3, 5 & 6    :      Dr.   Kartikey    Hari    Gupta,
                                                  learned counsel.

Counsel for the Respondent No.4            :      Ms. Irum Zeba, learned
                                                  counsel      through      video
                                                  conferencing.

The Court made the following:
JUDGMENT:

(per Hon'ble The Acting Chief Justice Sri Manoj Kumar Tiwari)

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 2024:UHC:8097-DB

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

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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

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with the University concerned or its colleges. While preparing the panel, the Search-cum-Selection Committee shall give proper weightage to the academic excellence, exposure to the higher education system in the country and abroad, and adequate experience in academic and administrative governance, to be given in writing along with the panel to be submitted to the Visitor/ Chancellor. One member of the Search-cum- Selection Committee shall be nominated by the Chairman, University Grants Commission, for selection of Vice Chancellors of the State, Private and Deemed to be Universities."

5. On the last date of listing, Mr. V.K.

Kaparuwan, learned Standing Counsel for Union of

India (Respondent No.1), had produced in Court written

instructions received by him from the Ministry of

Education, Department of Higher Education,

Government of India, which were taken on record.

6. Learned counsel appearing for respondent

no.1 submits that more than 100 applications were

received in response to the advertisement dated

30.01.2018, 15 candidates were short-listed and called

for interaction, out of which, 14 appeared before the

Search-cum-Selection Committee on 21.07.2018; the

Search-cum-Selection Committee recommended a

panel of following three names in alphabetical order, for

consideration by the Visitor for appointment as Vice

Chancellor of the University:-

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"(1) Prof. Avinash Khare (2) Prof. Kshiti Bhusan Das (3) Prof. Madhusudan Hiraman Fulekar"

7. Mr. Kaparuwan, appearing for respondent

no.1 further submits that since the candidate placed at

Sl. No.1 in the panel, namely, Prof. Avinash Khare, was

appointed as Vice Chancellor in another Central

University, namely, Sikkim University in the meantime,

therefore, vide letter dated 20.03.2019, office of the

Visitor requested the Search-cum-Selection Committee

to recommend fresh panel of names for appointment as

Vice Chancellor. The Search-cum-Selection Committee

again met on 25.03.2019, and a resolution was passed

that the Committee may explore the option of selection

through nomination with the caveat that guidance may

be sought from the concerned Ministry.

8. Learned counsel appearing for respondent

no.1- Union of India, has drawn our attention to letter

dated 09.05.2019, issued by Ministry of Human

Resource Development, Department of Higher

Education, placed on record by him along with written

instructions. The contents of said letter issued by

Deputy Secretary (CU), is extracted below:-

"Please refer to the minutes of the meeting dated 04.05.2019 of the Committee constituted for recommending a panel of names for appointment of

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Vice-Chancellor in HNB Garhwal University, Srinagar, Uttarakhand seeking guidance of the Ministry on the issue of exploring the option of nomination in connection with identification of a panel of names.

2. The Committee may be aware that the CU Act, 2009 does not give any description about the procedure to be adopted by the Committee. However, the Clause 7.3. ii of the UGC Regulations, 2018 (copy enclosed) provides that the selection for the post of Vice- Chancellor should be through proper identification of 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.

3. It is evident from the aforementioned UGC Regulations that nomination is one of the methods for identification of a panel of persons. The Committee is at liberty to adopt any method including nomination that is in conformity with the aforementioned provisions of the UGC Regulations, for proper identification of a panel of prospective candidates."

9. In terms of letter dated 09.05.2019, issued

by Ministry of Human Resource Development,

Department of Higher Education, the Serach-cum-

Selection Committee met on 28.05.2019, and it

decided that nomination method shall be adopted for

selecting suitable candidates for appointment as Vice

Chancellor, and in the same meeting, the Committee

decided to interact with three fresh candidates, who

had not applied in response to the advertisement dated

30.01.2018.

10. Ultimately, the Search- cum- Selection

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Committee prepared a panel of four names, in

alphabetical order. Out of those four names, respondent

no.4- Prof. Annpurna Nautiyal, was placed at Sl. No.1 in

the panel in alphabetical order. The Visitor appointed

respondent no.4 as Vice Chancellor vide order dated

31.10.2019, which is under challenge in this writ

petition.

11. The sole ground on which selection and

appointment of respondent no.4 is challenged, is that

she was appointed, even though, she did not respond

to the advertisement. The stand taken by Union of

India is that nomination method incorporated in Clause

7.3 (ii) of the 2018 Regulations permits interaction with

candidates who have not responded to the

advertisement.

12. It is contended on behalf of the Union of

India that nomination method has been engrafted in

the relevant provisions of UGC Regulations to ensure

that candidate of stature or eminence, who is not

interested in applying for the position of Vice Chancellor

pursuant to advertisement, may be approached by

Search-cum-Selection Committee, so that benefit of

his/ her academic excellence/ stature enures to the

University and its academic standard. We find

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substance in the said submission. Many a times,

persons who have attained great heights in academic

sphere, may not be interested in applying for the

position of Vice Chancellor for the fear of rejection or

other reasons. To tap the potential of such

distinguished academicians, UGC Regulations permits

selection by nomination as well, besides through public

notification or talent search process, or a combination

thereof. The Search-cum-Selection Committee, in one

of its meetings, decided to adopt nomination method,

subject to approval by the Department of Higher

Education, Ministry of Human Resource Development.

Concerned Ministry granted approval vide order dated

09.05.2019, and after interacting with three fresh

candidates, who had not applied pursuant to the

advertisement, respondent no.4 was empanelled by the

Search-cum-Selection Committee and the Visitor

appointed respondent no.4 as Vice Chancellor.

13. The thrust of argument raised by learned

counsel for the petitioners is that respondent no.4

could not have been appointed when she had not

responded to the advertisement. However, in view of

the expression used in the provision contained in

Clause 7.3 (ii) of 2018 Regulations that "the selection

for the post of Vice- Chancellor should be through

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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", we do not find any scope for

interference with selection and appointment of

respondent no.4 as Vice Chancellor of the HNB Garhwal

University. There is no allegation that respondent no.4

is educationally not qualified for appointment as Vice

Chancellor.

14. The writ petition fails and, is accordingly,

dismissed.

15. Pending application, if any, also stands

disposed of.

''

(MANOJ KUMAR TIWARI, A.C.J.)

(VIVEK BHARTI SHARMA, J.) Dated: 04th November, 2024 NISHANT

NISHANT Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00

KUMAR ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A 055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.11.06 14:34:52 +05'30'