Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Universities: Appointment of Vice Chancellor – Writ of quo warranto – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Universities: Appointment of Vice Chancellor – Writ of quo warranto – Writ petition alleging that eligibility criteria was diluted and UGC Regulations, 2018 were violated – Held: Being a subordinate legislation, UGC Regulations becomes part of the Act and in case of any conflict between State legislation and Central legislation, Central legislation shall prevail by applying the rule/ principle of repugnancy as enunciated in Art.254 of the Constitution as the subject ‘education’ is in the concurrent list – By adopting the scheme and having accepted 80% of the maintenance expenditure from the central government and when respondent No.4 is paid a fixed pay of Rs.75,000/- along with a special allowance of Rs.5,000/ - per month, the State and the Universities thereunder are bound by the UGC Regulations, including the UGC Regulations, 2018 – Respondent No.4 has been appointed by a search committee, not constituted as per the UGC Regulations, 2018 and also does not fulfil the eligibility criteria as per the UGC Regulations, 2018, namely, having ten years of teaching work experience as a professor in the university system – Appointment of respondent No.4 as a Vice Chancellor of respondent No.2-University, is contrary to the UGC provisions, namely, UGC Regulations, 2018 – Writ of quo warranto issued for quashing and setting aside the appointment of respondent No.4 as the Vice Chancellor of SP University – UGC Regulations, 2010/2018 – Regn. 7.3.0 – Writ of quo warranto – Constitution of India – Art.254. Universities: Universities are autonomous and the Vice Chancellor is the leader of a higher education institution – As per the norm, he/she should be an eminent academician, excellent administrator and also someone who has a high moral stature – The said reports of the Radhakrishnan Commission, Kothari Commission, Gnanam Committee and Ramlal Parikh Committee have highlighted the importance of the role of Vice-Chancellor in maintaining the quality and relevance of universities, in addition to its growth and development, keeping in view, the much needed changes from time to time – These committees have also made suggestions and recommendations for identifying the right person for the said position – A Vice Chancellor is the king pin of a University’s system and a keeper of the University’s conscience – Further, the Search/Selection Committee plays a vital and significant role in the selection of the Vice Chancellor; yet the selected Vice Chancellor’s performance in the universities vary from university to university – Therefore, the members of the Search Committee, who are given the privilege and honour of selecting and suggesting names for the appointment of Vice Chancellor are directly or indirectly responsible for the achievement of the University. Sardar Patel University Act, 1955 – ss. 9, 10 – Governor of Gujarat is the Chancellor of the University and he shall, by virtue of his office, be the head of the University and the President of the Senate – As the head of the University, his advice is binding upon the University – Universities. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 259 |
Petitioner | Gambhirdan K Gadhvi |
Respondent | The State Of Gujarat & Ors |
SCR | [2022] 4 S.C.R. 406 |
Judgement Date | 2022-03-03 |
Case Number | 1525 |
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