Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment Vice-Chancellors |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | UNIVERSITIES:Appointment of Vice-Chancellors and Pro-Vice-Chancellors - 'Consultation with State Government' -Expression 'consultation' - Connotation of - Explained - Held:Though, the final decision is with the consulter, he cannotgenerally ignore the advice of the consultee except for goodreasons -- There should be meeting of minds between theparties involved in the process of consultation on the materialfacts and points involved -- Consultation is not complete oreffective unless the parties thereto make their respective. points of view known to the other and discuss and examinethe relative merit of their views.Appointment of Vice-Chancellors and Pro ViceChancellors - Notifications dated 9.2.2013, 19.2.2013 and14.3.2013 issued for appointment of candidates as Vice-Chancellors and Pro Vice-Chancellors of differentUniversities in State of Bihar - Held: As regards the instantmatters, Chancellor has been consistently flouting themandate of law and making appointments completelydisregarding the requirement of academic excellence andexperience and without effectively consulting the StateGovernment -- He neither adopted any transparent methodof making selection nor did he keep in view the qualificationsenumerated in the relevant statutory provisions -- He alsoacted in contemptuous disregard of the pronouncements made by the High Court in two rounds of litigation, thatappointments of Vice-Chancellors and Pro Vice-Chancellorsmust precede meaningful and effective consultation with StateGovernment - He selected for appointment some persons whowere facing prosecution under various criminal laws and/orB involved in financial irregularities -- The mechanism adoptedby Chancellor in making appointments is blatantly violativeof the scheme of the BSU Act and the PU Act and also Art.14 of the Constitution - Impugned Notifications are quashed- Consequential directions issued - Bihar State Universitiesc Act, 1976 -ss.10 and 12 - Patna University Act, 1976 - ss. 11and 14 - Nalanda Open University Act, 1995 - ss. 11 and 13- Constitution of India, 1950 - Art. 14.Vice-Chancellors and Pro Vice-Chancellors -Appointment to the offices of - Held: Position of ViceChancellor and Pro Vice Chancellor is extremely importantin every University - They are responsible for maintaining theacademic standard and discipline of the University and alsoensure that all the bodies and authorities conduct themselvesin conformity with the statutory provisions -- Relevant statutoryprovisions prescribe the qualification of academic excellenceas a condition precedent for appointment to these posts -Even if the language of the relevant provisions may notpostulate selection of Vice-Chancellor or Pro Vice-Chancellorby inviting application through open advertisement, thecandidate must be a person reputed for his scholarship andacademic interest or eminent educationist having experienceof administering the affairs of any University, and selectionof such a person is possible only if a transparent method isadopted and efforts are made to reach out to people across ·the country -- Art. 14 of the Constitution which mandates thatevery action of the State authority must be transparent andfair has to be read in the language of these provisions -- TheUGC Regulations, which provide for constitution of a SearchCommittee consisting of eminent educationists academicians are intended to fill up an apparent lacuna inthe provisions - Bihar Acts No. 1212013, 1312013 and 1412013have subsequently amended the relevant provisions inconsonance with the relevant UGC Regulations.LOCUS STAND/:Appointment of Vice Chancellors and Pro Vice-Chancellors - Writ petition by a Professor and Head ofDepartment in a University, in the State, challenging theappointments, though he was not a candidate for suchappointments - Held: Maintainable - Further, even assuming Cthat the writ petitioner does not have any direct personalinterest in such appointments, High Court could have suomotu taken cognizance of the issues raised by him andtreated his petition as one filed in public interest and decidedthe same on merits - Public interest litigation.CONSTITUTION OF IND/A, 1950:Art. 136 - Appeal by State Government challenging orderof High Court after the Chancellor initiated process of makingappointments of Vice-Chancellors and Pro Vice-Chancellorspursuant to order of High Court - Maintainability of -Discussed. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 544 |
Petitioner | Dr. Ram Tawakya Singh |
Respondent | State Of Bihar And Others |
SCR | [2013] 9 S.C.R. 117 |
Judgement Date | 2013-08-19 |
Case Number | 6831 |
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