RAKSHAPAL SINGH Vs. PROF. CHANDRA SHEKHAR

JUDGEMENT

(1.) Heard Sri Gopal Krishna, learned counsel for the petitioner, Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the respondent no. 1, Sri A.K. Singh, learned Senior Advocate assisted by Sri Shashi Prakash Rai, learned counsel for respondent no. 2/University, Sri Bharat Pratap Singh, learned Additional Chief Standing Counsel for the respondent no. 3 and Sri Rizwan Ali Akhtar, learned counsel for the respondent No.4/ UGC.

(2.) Briefly stated facts of the present case are that the respondent No.1 has been appointed as the Interim (first) Vice Chancellor of the respondent No.2-University (a new University), i.e. Raja Mahendra Pratap Singh State University, Aligarh (for short 'RMPSS University') by a Government Order No.600/lRrj-1-2021-16(26)/2019 dtd. 30/12/2021, issued in exercise of powers conferring under Sec. 4(1-B) of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as 'the U.P. Act, 1973'). The petitioner has filed the present writ petition praying for a relief in the nature of a writ of Quo Warranto to declare appointment of the respondent No.1 as void ab-initio and consequently to quash and set it aside on the ground that the appointment of the respondent No.1 is contrary to Para 7.3 of The University Grants Commission (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 (hereinafter referred to as 'the UGC Regulations, 2018').

(3.) Learned counsel for the petitioner submits as under: