- (1.) This petition, which is in the nature of a writ of quo-warranto, has been filed in regard to the appointment of the Vice-Chancellor of the Aligarh Muslim University, the University. The issue that has been raised in the petition is that the Vice-Chancellor of the University, who has been arrayed as respondent no.3 in this petition, does not possess the requisite qualifications provided for in the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, UGC Regulations which have been framed in exercise of the powers conferred under clauses (e) and (g) of sub-section (1) of section 26 of the University Grants Commission Act, 1956, UGC Act. It has been stated that though clause 7.3.0 of the UGC Regulations which deals with Vice-Chancellor provides that the Vice-Chancellor to be appointed should be a distinguished academician with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organisation but respondent no.3 does not possess this essential qualification and, therefore, is holding the post of Vice-Chancellor of the University without any authority. What is, therefore, in issue in this petition is whether the aforesaid clause 7.3.0 of the UGC Regulations would at all be applicable to the University. To examine this it would be necessary to refer to the provisions of the Act, the Statutes and the Ordinances of the University as also the provisions of the UGC Act and the UGC Regulations.
(2.) The University was established under the provisions of the Aligarh Muslim University Act, 1920, the University Act. Section 3 of the Act deals with incorporation and provides that the Chancellor, Pro-Chancellor, Vice-Chancellor and the members of the University Court, the Executive Council and the Academic Council shall be a body corporate by the name of Aligarh Muslim University and shall have perpetual succession and a common seal and shall sue and shall be sued by that name. Section 13 provides that the President shall be the Visitor of the University. Section 16 deals with the Officers of the University and amongst others, the Chancellor, the Pro-Chancellor and the Vice-Chancellor are stated to be Officers of the University. Sub-section (1) of section 19 deals with the Vice-Chancellor. It provides that the Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. Sub-section (2) of section 19 provides that the Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. Sub-section (3) of section 19 deals with a situation in which the Vice-Chancellor can exercise any power conferred on any authority of the University. It would be appropriate to reproduce section 19 of the Act which is as follows : "19. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter : Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final : Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances."
(3.) Section 22 deals with the authorities of the University. The Court and the Executive Council are some of the authorities which have been enumerated in section 22 of the Act. Sections 23 and 24 of the Act deal with the Court and the Executive Council of the University. Section 28 deals with the framing of the Statutes of the University. Statute 2 of the Statutes deals with the Vice-Chancellor and is as follows : "2. The Vice-Chancellor - (1) The Vice -Chancellor shall be appointed by the Visitor from a panel of at least three persons recommended by the Court from a panel of five persons recommended by the Executive Council: Provided that if the Visitor does not approve of any of the persons recommended by the Court, he may call for fresh recommendations. (2) Omitted. (3) The Vice-Chancellor shall be a whole-time salaried officer of the University. (4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office. Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Visitor may direct that a Vice-Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction. (5) Notwithstanding anything contained in clause (4), a person appointed as Vice-Chancellor shall, if he completes the age of seventy years during the term of his office or any extension thereof, retire from office. (6) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be such as may be prescribed by the Ordinances. (7) If the office of the Vice-Chancellor becomes vacant due to his death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the Pro-Vice-Chancellor shall discharge the duties of the Vice-Chancellor until a new Vice-Chancellor or the Vice-Chancellor, as the case may be, assumes office: Provided that if the Pro-Vice-Chancellor is not available, the senior most Dean among the members of the Executive Council in the category of Deans of the Faculties shall discharge the duties of the Vice-Chancellor until a new Vice-Chancellor or the Vice-Chancellor, as the case may be, assumes office. Provided further that if the senior most Dean among the members of the Executive Council in the category of Deans of the Faculties is not available or he/she declines to accept the responsibility, the next available Dean, in order of seniority, among the members of the Executive Council in the category of Deans of the Faculties shall discharge the duties of the Vice-Chancellor until a new Vice-Chancellor or the Vice-Chancellor, as the case may be, assumes office.";