YAGYA BHUSHAN SHARMA Vs. CHANCELLOR DOON UNIVERSITY UTTARAKHAND

JUDGEMENT

(1.) This writ petition is filed seeking a writ of quo-warranto calling upon the 9th respondent to show his authority to continue as the Vice Chancellor of the Doon University, Dehradun; to remove him forthwith from the post of Vice-Chancellor; to declare his appointment as illegal, arbitrary, unconstitutional and against statuary provisions as per the UGC mandate as it is based on fraud, and to declare the actions or decisions taken by him as void ab-initio, illegal and a nullity; a writ of certiorarified mandamus declaring the Screening Committee constituted for appointment of the Vice Chancellor, Doon University, in so far as it empowered the committee referred to in the Doon University Act, 2005 ("the 2005 Act" for short) to recommend the name of three persons for appointment as the Vice- Chancellor; and Section 11(2), along with all consequential acts or orders and proposed actions, as ultra-vires, illegal, arbitrary, unreasonable, contrary to the provisions of the UGC Act and to quash the same; for a direction to the UGC to take action in respect of the violation of the UGC Regulations by the State Authorities, in the manner of appointment of the Vice Chancellor, and the other authorities of the Universities as well as faculty; and to further direct the 7th respondent to bring on record the entire service records of the 9th respondent to ascertain the truth.

(2.) The petitioner claims to be a retired Lecturer of D.A.V. Intermediate College, Dehradun, and to be an RTI activist working as the Secretary, RTI Club Uttarakhand which he claims is an association of public spirited persons engaged in exposing and combating corruption by public authorities. He also claims to have approached the authorities highlighting the alleged misrepresentation/manipulation by respondent no. 9 in his application submitted for the post of Vice-Chancellor of the Doon University; and the illegalities and irregularities committed by the Screening Committee in selecting the 9th respondent. He states that, since no action was taken thereupon, he had perforce to file the present writ petition.

(3.) The jurisdiction of this Court has been invoked by the petitioner questioning appointment of the 9th respondent as the Vice-Chancellor, by the Governor/ Chancellor of the Doon University, vide proceedings dated 29.01.2018, pursuant to the recommendations made by the three-member Search Committee on 05.01.2018 shortlisting three candidates, among the 69 applicants, as suitable for appointment as the Vice-Chancellor of the Doon University. An advertisement was issued, by the Government of Uttarakhand on 17.10.2017, inviting applications from distinguished academicians having a minimum of 10 years' experience as a Professor in a University System, or 10 years experience in an equivalent position in a reputed research and/ or academic administrative organization. The applicants were required to submit all educational and other documents for recruitment as the Vice- Chancellor, Doon University, by the Chancellor, under Section 11(5) of the Doon University Act, 2005. The advertisement dated 17.10.2017 also stipulated that the applicants should satisfy all the aforesaid requirements, and should submit their completely filled application forms within 15 days by speed post/registered post or in person at the Office of the Secretary, Higher Education, Government of Uttarakhand Office at Dehradun. The advertisement made it clear that applications, received after the due date, would not be considered.