Supreme Court Upholds UGC Regulations in Vice-Chancellor Appointment Case Puducherry Technological University Act Section Declared Ultra Vires; Vice-Chancellor Dr. S. Mohan to Serve Until Tenure Expiry
In a significant ruling, the Supreme Court of India has upheld the primacy of the University Grants Commission (UGC) Regulations over state legislation in the appointment of Vice-Chancellors in universities. The Court declared Section 14(5) of the Puducherry Technological University Act, 2019, ultra vires, as it contravened the UGC Regulations, 2018, particularly Regulation 7.3, which mandates the inclusion of a nominee from the UGC Chairman in the Search-cum-Selection Committee for Vice-Chancellor appointments.
The judgment arose from a legal challenge by Dr. S. Mohan, the current Vice-Chancellor of Puducherry Technological University, against a decision by the Madras High Court that invalidated his appointment. The High Court had ruled that the appointment process did not adhere to the mandatory UGC guidelines, as the Search-cum-Selection Committee was constituted without a UGC nominee, rendering the process legally untenable.
The Supreme Court's decision emphasizes the exclusive legislative competence of the Parliament under Entry 66 of List I of the Constitution, which pertains to the coordination and determination of standards in higher education. The UGC Regulations, having statutory force, must be strictly followed, and any deviation, as seen in the Puducherry Technological University Act, is invalid.
Despite the invalidation of the appointment process, the Supreme Court, exercising its powers under Article 142 of the Constitution, allowed Dr. Mohan to continue in office until the end of his tenure or until a new Vice-Chancellor is appointed according to the UGC Regulations. This decision was made to prevent administrative disruption and to avoid stigmatizing Dr. Mohan's academic career.
The judgment underscores the necessity for state legislation to conform to central regulations in matters of higher education standards. The Puducherry government is now tasked with amending its legislative framework to align with UGC norms.
Bottom Line:
Appointment of Vice-Chancellor must conform to UGC Regulations, 2018, and any deviation in the statutory framework is liable to be declared ultra vires.
Statutory provision(s): University Grants Commission Act, 1956, UGC Regulations, 2018, Puducherry Technological University Act, 2019, Constitution of India - Articles 246, 254, Entry 66 of List I, Article 142.
