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Supreme Court of India · 10/11/2022

PROF. NARENDRA SINGH BHANDARI versus RAVINDRA JUGRAN AND OTHERS

[2022] 17 S.C.R. 545 · 2022 INSC 1198

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Summary

In 2020 the Uttarakhand Government appointed the first Vice-Chancellor of Soban Singh Jeena University without any advertisement or search committee, on a single name placed before the Chief Minister. He had about 8 years and 5 months' service as Professor. The Supreme Court upheld the High Court's writ of quo warranto. Section 10 of the University Act read with UGC Regulation 7.3.0, which the State had adopted, requires 10 years as Professor and appointment from a search committee panel. The proviso allowing the State to appoint the first Vice-Chancellor does not dispense with these requirements. Time spent as a Public Service Commission member, while holding a lien and supervising PhD scholars, is not teaching experience.

Issues

  1. Whether the State could appoint the first Vice-Chancellor under the proviso to Section 10(1) of the Soban Singh Jeena University Act, 2019 without a search committee panel and the eligibility prescribed by Regulation 7.3.0 of the UGC Regulations, 2018.
  2. Whether service as Member of the State Public Service Commission, with a lien on the post of Professor and supervision of PhD scholars, counts towards ten years' experience as Professor.

Provisions considered

Held

Result

Civil Appeal No. 8184 of 2022 against the Uttarakhand High Court's judgment dated 10.11.2021 in Writ Petition (PIL) No. 190 of 2020 dismissed; appointment as Vice-Chancellor held illegal; no costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 545.