GAMBHIRDAN K GADHVI v. THE STATE OF GUJARAT & Ors.

406 SUPREME COURT REPORTS [2022] 4 S.C.R. 406 [2022] 4 S.C.R. A B C D E F G H GAMBHIRDAN K GADHVI v. THE STATE OF GUJARAT & ORS. (Writ Petition (Civil) No. 1525 of 2019) MARCH 03, 2022 [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Universities: Appointment of Vice Chancellor – Writ of quo warranto – Writ petition alleging that eligibility criteria was diluted and UGC Regulations, 2018 were violated – Held: Being a subordinate legislation, UGC Regulations becomes part of the Act and in case of any conflict between State legislation and Central legislation, Central legislation shall prevail by applying the rule/ principle of repugnancy as enunciated in Art.254 of the Constitution as the subject ‘education’ is in the concurrent list – By adopting the scheme and having accepted 80% of the maintenance expenditure from the central government and when respondent No.4 is paid a fixed pay of Rs.75,000/- along with a special allowance of Rs.5,000/ - per month, the State and the Universities thereunder are bound by the UGC Regulations, including the UGC Regulations, 2018 – Respondent No.4 has been appointed by a search committee, not constituted as per the UGC Regulations, 2018 and also does not fulfil the eligibility criteria as per the UGC Regulations, 2018, namely, having ten years of teaching work experience as a professor in the university system – Appointment of respondent No.4 as a Vice Chancellor of respondent No.2-University, is contrary to the UGC provisions, namely, UGC Regulations, 2018 – Writ of quo warranto issued for quashing and setting aside the appointment of respondent No.4 as the Vice Chancellor of SP University – UGC Regulations, 2010/2018 – Regn.

7.3.0 – Writ of quo warranto – Constitution of India – Art.254. Universities: Universities are autonomous and the Vice Chancellor is the leader of a higher education institution – As per the norm, he/she should be an eminent academician, excellent administrator and also someone who has a high moral stature – The said reports of the Radhakrishnan Commission, Kothari Commission, Gnanam Committee and Ramlal Parikh Committee have 406 GAMBHIRDAN K GADHVI v. THE STATE OF GUJARAT & ORS. 407 highlighted the importance of the role of Vice-Chancellor in maintaining the quality and relevance of universities, in addition to its growth and development, keeping in view, the much needed changes from time to time – These committees have also made suggestions and recommendations for identifying the right person for the said position – A Vice Chancellor is the king pin of a University’s system and a keeper of the University’s conscience – Further, the Search/Selection Committee plays a vital and significant role in the selection of the Vice Chancellor; yet the selected Vice Chancellor’s performance in the universities vary from university to university – Therefore, the members of the Search Committee, who are given the privilege and honour of selecting and suggesting names for the appointment of Vice Chancellor are directly or indirectly responsible for the achievement of the University.

Sardar Patel University Act, 1955 – ss. 9, 10 – Governor of Gujarat is the Chancellor of the University and he shall, by virtue of his office, be the head of the University and the President of the Senate – As the head of the University, his advice is binding upon the University – Universities. Allowing the Writ Petition, the Court HELD: 1.1 The jurisdiction of the High Court to issue a writ of quo warranto is a limited one, which can only be issued when a person holding public office does not fulfil the eligibility criteria prescribed to be appointed to such an office or when the appointment is contrary to the statutory rules. [Para 9.1][423-H; 424-A] Rajesh Awasthi v. Nand Lal Jaiswal and Ors., (2013) 1 SCC 501 : [2012] 10 SCR 883; Retd. Armed Forces Medical Association and Ors. v. Union of India & Ors., (2006) 11 SCC 731 : 2006 (10) SCALE 224 – relied on.

1.2 The UGC Act, 1956 was enacted to make provision for the co-ordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission. Section 12 deals with “Functions of the Commission”, while Section 14 speaks of “Consequences of failure of Universities to comply A B C D E F G H 408 SUPREME COURT REPORTS [2022] 4 S.C.R. with recommendations of the Commission”. Section 26 deals with “Power to make regulations”. As per Section 28, the rules and regulations framed under the UGC Act are required to be laid before each House of the Parliament and when both the Houses agree then rules and regulations can be given effect with such modification as may be made by the Parliament. Therefore, any regulation enacted in exercise of powers under Section 26 can be said to be subordinate legislation. [Para 11.2][424-E-G]

The Government of India, Ministry of Human Resource Development Department of Higher Education, New Delhi by Letter No.132/2006 U.II/U.I(i) dated 31.12.2008 communicated to the Secretary, University Grants Commission, New Delhi the scheme of revision of pay of teachers and equivalent cadres in universities and colleges following the revision of pay scales of the Central Government employees on the recommendations of the 6th Central Pay Commission. By the said letter, the Government of India directed that there shall be only three designations in respect of teachers in the universities and colleges, namely, Assistant Professors, Associate Professors and Professors. In the said letter revised pay scales, service conditions and Career Advancement Scheme for teachers and equivalent positions including the post of Assistant Professors/Associate Professors/Professors in universities and colleges were intimated. Pay scales of ProVice Chancellor/Vice Chancellor were also mentioned therein. It was intimated that the said Scheme may be extended to the universities, colleges and other higher educational institutions coming under the purview of the State Legislature, provided the State Governments wish to adopt and implement the Scheme subject to the terms and conditions mentioned therein. In view of the aforesaid Letter dated 31.12.2008 issued by the Government of India and in exercise of the powers conferred under clauses (e) and (g) of sub-section (1) of Section 26 of the UGC Act, 1956, UGC enacted the Regulations, 2010 in supersession of the UGC Regulations, 2000. Regulation 7.3.0 deals with the post of Vice Chancellor. UGC Regulations, 2010, inter alia, prescribes in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a professor in a A B C D E F G H GAMBHIRDAN K GADHVI v. THE STATE OF GUJARAT & ORS. 409 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 the UGC, a nominee of the Syndicate/ Executive Council of the University and the search committee has to recommend the names of the successful candidates. [Paras 11.3 - 11.3.3][425-A-G; 426-G-H]

3.1 Prior to enactment of UGC Regulations, 2010, the Union Ministry of Human Resource Development laid down a scheme of revision of pay of teachers and equivalent cadres in the Universities following the 6th Central Pay Commission. The Scheme provides a fixed pay of Rs.75,000/- along with a special allowance of Rs.5,000/- per month to the Vice Chancellor. Para 8(p)(v) of the said scheme provides that it is extended to Universities, Colleges and other higher educational institutions coming under the purview of the State Legislature provided the State Governments wish to adopt and implement the scheme with certain conditions, inter alia, financial assistance from the Central Government to the extent of 80% of the maintenance expenditure and remaining 20% shall be met by the State Government. It further provides that payment of Central assistance for implementing the scheme is subject to the condition that the entire scheme of revision of pay scales together with all the conditions to be laid down by the UGC by way of regulations and other guidelines shall be implemented by the State Governments and the Universities thereunder without any modification. [Para 11.4][427-A-D]

3.2 In the present case, State of Gujarat has adopted the said Scheme dated 31.12.2008 by a Resolution dated 11.11.2009 with effect from 01.01.2006 subject to the conditions mentioned in the said resolution. Even in the said resolution, condition No.13 provides that the State Government will publish the educational qualifications as per the UGC instructions published from time to time and quality yardstick, teaching work days, norms, instructions, resolutions will have to be implemented. It is not in dispute that the SP University is receiving Central financial assistance under the Scheme and it is included in the State A B C D E F G H 410 SUPREME COURT REPORTS [2022] 4 S.C.R. universities receiving Central financial assistance as per Section 12(b) of the UGC Act, 1956. Therefore, having adopted the UGC Scheme and implemented the same and getting Central financial assistance to the extent of 80% of the maintenance expenditure, the State Government and the SP University are bound by the UGC Regulations, 2010. The UGC Regulations, 2010 are superseded by the UGC Regulations, 2018. However, the eligibility criteria for the post of Vice Chancellor and the constitution of the search committee for appointment of a Vice Chancellor remains the same. Therefore, the State of Gujarat and the universities thereunder including the SP University are bound to follow UGC Regulations, 2010 and UGC Regulations, 2018. [Para 11.4][427-D-G]

Respondent No.4 was appointed as a Vice Chancellor of the SP University under the SPU Act, 1955. Section 10 of the said Act relates to the post of Vice Chancellor. As per Section 10 of the Act, 1955 the search committee shall consist of two members (not being persons connected with the respondent - University or with any affiliated college or recognised institution) out of whom, one shall be a person nominated in the manner prescribed by Statutes by the Syndicate and the Academic Council jointly and the other shall be a person nominated in the manner prescribed by Statutes by the Vice Chancellor of all the Universities established by law in the State of Gujarat and the third member to be nominated by the Chancellor. Section 10 of the SPU Act does not provide any qualification whatsoever for appointment to the post of Vice Chancellor. Even the eligibility criteria to be prescribed is left to the Search Committee.

By adopting the Scheme and having accepted 80% of the maintenance expenditure from the Central government and when respondent No.4 is paid a fixed pay of Rs.75,000/- along with a special allowance of Rs.5,000/- per month, which is prescribed as per the Scheme of 2008, the State and the universities thereunder are bound by the UGC Regulations, including the UGC Regulations, 2018. The appointment of respondent No.4 is even otherwise not as per the eligibility criteria prescribed by the Search Committee. In fact, in the instant case, H.E. – Governor of Gujarat who is also the Chancellor of all the Universities in the said State had through his Principal Secretary directed that the communication from the Secretary, University Grants Commission, Government of India, New Delhi dated 11th August, 2014 be complied and appropriate steps be taken in that regard. This Court has referred to the aforesaid letter dated 30th August, 2014.

It cannot be disputed that the UGC Regulations are enacted by the UGC in exercise of powers under Section 26(1)(e) and 26(1)(g) of the UGC Act, 1956. Even as per the UGC Act every rule and regulation made under the said Act, shall be laid before each House of the Parliament. Therefore, being a subordinate legislation, UGC Regulations becomes part of the Act. In case of any conflict between State legislation and Central legislation, Central legislation shall prevail by applying the rule/ principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List (List III) of the Seventh Schedule of the Constitution. Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto. [Para 16][436-C-E] A B C D E F G H GAMBHIRDAN K GADHVI v. THE STATE OF GUJARAT & ORS. 413