RAJENDRA AMULAKH KHIMANI Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) . Heard Mr.G.M.Joshi, learned Senior Advocate with Ms.Harshal Pandya, learned advocate for the petitioner, Mr.Devang Vyas, learned ASG with Mr.Khare, learned advocate for respondent No.1 and Mr.M.K.Vakharia, learned advocate for respondent No.2.

(2.) By way of this petition, the petitioner, Vice- Chancellor of the Gujarat Vidyapith has prayed that the decision taken by the University Grants Commission (for short 'UGC') reflected in the Minutes of its 554 th meeting held on 25/11/2021 directing the Chancellor to remove the petitioner as Vice-Chancellor with immediate effect is illegal, arbitrary and is in breach of Regulation 10.12.2.E of the UGC (Institutions Deemed to be Universities) Regulations, 2019.The prayer is to quash and set aside the decision of the UGC.

(3.) Facts in brief would indicate that the respondent No.2 Gujarat Vidyapith is a deemed University under Sec. 3 of the University Grants Act, 1956. The petitioner was working as an Associate Professor in the Anand Agriculture University, and thereafter as a Professor till 31/3/2004. He was then appointed as a Registrar of the Gujarat Vidyapith on 2/4/2004 on which post he remained till 30/4/2019. On 31/12/2020, an advertisement was issued inviting online applications for appointment of Vice-Chancellor to the University. In April 2020, the petitioner applied for the post as he was, according to him, eligible to be so appointed. The advertisement dtd. 5/4/2021 is on record. According to the petitioner, in accordance with Regulation 7.3 of the UGC, 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 (Regulations 2018), the petitioner was qualified. The Search-cum-Selection Committee for the selection of the Vice-Chancellor met on 28/6/2021. The petitioner was appointed as a Vice- Chancellor on 29/6/2021 and a notification was so issued.