GAMBHIRDAN K. GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 dtd. 29/8/2019, bearing No.GH/SH/76/SPY/122010/2626/ KH­2 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.

(3.) Shri I.H. Syed learned Senior Advocate appearing on behalf of the petitioner has vehemently submitted that the appointment of respondent No.4 as Vice Chancellor of SP University is absolutely illegal and contrary to the statutory guidelines issued by the UGC.