LAXMI NARAYAN BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner in this public interest litigation, challenges the validity of notifications dated 05.05.2017 issued by the first respondent (State of Rajasthan, referred to hereafter as "the State"?) which received assent of the Governor on 04.05.2017. The two impugned notifications amend the Jai Narayan Vyas University Act, 1962 (hereinafter "JNVU Act, 1962"?) and Maharshi Dayanand Saraswati Univerity Act, 1987 (hereinafter "MDS Act, 1987"?). The challenge is primarily on the ground that the amendment of qualifications for appointment to the post of Vice Chancellor contravene the UGC Regulations on Minimum Qualifications for Appointment of Teacher and Other Academic Staff in the Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education, 2010 and its amendments (hereinafter "UGC Regulations, 2010"?), framed under the University Grants Commission Act, 1956 (hereafter "UGC Act"?).

(2.) On 28.06.2010, the University Grants Commission (hereafter "UGC"?), in exercise of its powers under the UGC Act framed the UGC Regulations, 2010. On 22 September, 2010, the State of Rajasthan by an order, adopted the UGC Regulations, 2010, making all its provisions applicable to universities in the State of Rajasthan. In 2017, Bill No.14 of 2017 was introduced to amend the JNVU Act, 1962. The petitioner alleges that the statement of objects and reasons of the Bill stated that the amendment was made to give effect to Clause 7.3.0 of the UGC Regulations, 2010 and its subsequent amendments in the year 2013. However, its contents reveal that the Bill was not in conformity with the mandate of the UGC Regulations, 2010 as the provision with regard to the highest level of competence, integrity, morals and institutional commitment were conspicuously missing. The term 'college' as appearing in the notification dated 05.05.2017 does not find mention in the Bill. In same manner, Bill No. 23 of 2017 was introduced to amend the MDS Act, 1987.

(3.) On 5.05.2017, the State by notification, incorporated some qualifications for the post of Vice Chancellor in the Acts of various universities. Consequently, the JNVU (Amendment) Act, 2017 and MDS (Amendment) Act, 2017 were introduced. These Acts amended Section 11 of the JNVU Act and Section 9 of the MDS Act respectively, inter alia, providing qualifications for appointment to the post of Vice Chancellor.