GAMBHIRDAN K GADHVI versus THE STATE OF GUJARAT & ORS

GAMBHIRDAN K GADHVI versus THE STATE OF GUJARAT & ORS

Because the State had adopted the 2008 central Scheme and SP University received central assistance (including payment of the prescribed Vice-Chancellor pay), the UGC Regulations (2010/2018) applied; respondent No.4 was appointed by a Search Committee not constituted as required by UGC Regulation 7.3.0 and did not satisfy the mandatory eligibility of ten years’ teaching experience as a Professor, hence the appointment was contrary to statutory provisions and a writ of quo warranto was warranted to quash the appointment.

Parties
Petitioner: Gambhirdan K Gadhvi; Respondent: State of Gujarat; Respondent: Sardar Patel University; Respondent: University Grants Commission; Respondent: Respondent No.4 (Vice Chancellor)
Jurisdiction
India
Judgment Date
03 March 2022
Procedural Posture
Writ Petition (civil) No.1525 of 2019 Under Article 32 / Final Decision by Supreme Court (judgment Dated March 03, 2022)
Outcome
Writ petition allowed; writ of quo warranto issued
Legal Topics
Quo Warranto, Appointment of Vice Chancellor, UGC Regulations (2010/2018), Repugnancy (art.254), Subordinate Legislation
Education Law Administrative Law Constitutional Law Quo Warranto Appointment of Vice Chancellor UGC Regulations (2010/2018) Repugnancy (art.254) Subordinate Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gambhirdan K Gadhvi

Petitioner

State of Gujarat

Respondent

Sardar Patel University

Respondent

University Grants Commission

Respondent

Respondent No.4 (Vice Chancellor)

Respondent

Procedural Posture

Writ Petition (civil) No.1525 of 2019 Under Article 32 / Final Decision by Supreme Court (judgment Dated March 03, 2022)

Legal Issues

  1. 1 Whether the appointment of the Vice-Chancellor (respondent No.4) was contrary to UGC Regulations 2010/2018
  2. 2 Whether UGC Regulations are binding on the State/State universities after adoption of the 2008 Scheme and receipt of central assistance
  3. 3 Whether the Search Committee was constituted in accordance with UGC Regulations

Ratio Decidendi

Because the State had adopted the 2008 central Scheme and SP University received central assistance (including payment of the prescribed Vice-Chancellor pay), the UGC Regulations (2010/2018) applied; respondent No.4 was appointed by a Search Committee not constituted as required by UGC Regulation 7.3.0 and did not satisfy the mandatory eligibility of ten years’ teaching experience as a Professor, hence the appointment was contrary to statutory provisions and a writ of quo warranto was warranted to quash the appointment.

Court Disposition

Writ petition allowed; writ of quo warranto issued

Orders

  • Quashing and setting aside the appointment of respondent No.4 as Vice Chancellor of Sardar Patel University (notification dated 29.08.2019)