SC quashes appointment of VC of Sardar Patel University, Gujarat, laments inaction in amending law

NEW DELHI: The Supreme Court on Thursday quashed the appointment of Shirish R Kulkarni as vice-chancellor of the Sardar Patel University of Gujarat on the ground that he was made the VC contrary to the UGC Regulation that a candidate should have 10 years of teaching experience as a professor and lamented the state’s inaction in not amending the law to bring it at par with UGC norms.

Observing that “the sense of morality must begin from the door of the leader who preaches it,” a bench comprising Justices MR Shah and BV Nagarathna hoped that “the wiser counsel will now prevail and the State Government shall amend the state legislation accordingly on par with the UGC Regulations”, which as such was recommended way back in 2014. The appointment of respondent No.4 (Kulkarni ) as vice-chancellor of the SP University – respondent No.2 herein, is contrary to the UGC provisions, namely, UGC Regulations, 2018.

We hence allow the present writ petition and issue a writ of quo warranto quashing and setting aside the appointment of respondent No.4 as the vice-chancellor of SP University,” Justice Shah, writing the 58-page judgement for the bench said. Allowing the plea of Gambhirdan K Gadhvi, the verdict referred to the UGC regulations and the observations of the Gujarat High Court and the communication of the Governor asking the state government to amend the state law to make it at par with the UGC regulations to ensure the standard of the appointment. “...it is unfortunate that as on today, no further steps have been taken by the State Government, to amend the State legislation and to put the same at par with the UGC Regulations, and the State and the universities thereunder have continued to make the appointments of vice-chancellors just contrary to the UGC Regulations, which as observed hereinabove are binding,” it said. Besides the appointment of Kulkarni being contrary to the UGC Regulations, he was appointed by a search committee that was not constituted as per the norms, the court said.

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“Moreover, respondent No.4 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...,” it said. The post of vice-chancellor is very important as far as the University is concerned and being a leader and head of the institution, he has to play a very important role, it said.

“While academic qualifications, administrative experience, research credentials, and track record could be considered as basic eligibility requirements, the greater qualities of a vice-chancellor would be one who is a true leader and a passionate visionary. “A vice-chancellor needs to be one who understands and handles the affairs of the University as ethical business and maintains a pellucidity in his conduct towards the betterment of the University as well as the students therein. A vice-chancellor should be one who can inspire students and guarantee the entry of high-quality teachers into the University system..,” it said.

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The search or the selection committee plays a vital role in the selection of the vice-chancellor and the members of such a panel, who are given the privilege and honour of selecting and suggesting names for the appointment, are directly or indirectly responsible for the achievement of the University, it said.