Bombay High Court Examines Legality of Vice-Chancellor Appointment Under UGC Regulations and Maharashtra Universities Act. Challenge Focuses on Applicability of UGC Regulations 2010 and Discretion of Chancellor in Selecting Vice-Chancellor.

Public Interest Litigation and Writ Petition challenging the appointment of Dr. Rajan Welukar as Vice-Chancellor of the University of Mumbai

A writ of quo warranto against Dr. Rajan Welukar and a direction to appoint the petitioner in WP No.1901 of 2010 to the post

Alleged lack of essential qualification and ineligibility of Dr. Welukar under UGC Regulations, 2010, and irregularities in the selection process

Earlier PIL No.9 of 2010 challenged the constitution of a previous Search Committee; that committee was dissolved, and the present committee was constituted on 20 March 2010

Whether the UGC Regulations, 2010 prescribing qualifications for Vice-Chancellor were applicable to the selection process that began prior to their notification Whether the Search Committee's composition and procedure (recommending names without ranking) complied with Section 12 of the Maharashtra Universities Act, 1994 Whether the Chancellor's exercise of discretion in selecting Dr. Welukar was arbitrary or contrary to law Whether a writ of quo warranto lies against a person appointed as Vice-Chancellor when the appointment is challenged on grounds of eligibility and procedure

Petitioners contended that Dr. Welukar lacked the minimum ten years of experience as a Professor in a University system or ten years of experience in an equivalent position as required by UGC Regulation 7.3.0(i) Petitioners argued that the Search Committee had a flawed composition, with only one member from outside the State Government, and that it failed to rank candidates in order of merit The petitioner in WP No.1901 of 2010 claimed he possessed superior qualifications and should have been appointed Respondents argued that the UGC Regulations were notified on 30 June 2010, after the selection process had commenced, and were not retrospective Respondents contended that the UGC Act does not empower the Commission to regulate appointment of Vice-Chancellors, as the subject of 'coordination and maintenance of standards in higher education' does not include such appointments Respondents asserted that Dr. Welukar's post as Director of SIMSREE is an equivalent position and that the Chancellor applied his mind properly

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 organization. On the basis of the bio-data, academic qualification, experience & career profile and the individual interaction with the panelists, I find Dr. Rajan Welukar to be the most suitable person, amongst all the panelists, to be the Vice-Chancellor of the University of Mumbai. The University offers over 296 programmes through 672 affiliated colleges catering to over 6.5 lakh students every year.

On 28 September 2009, post of Vice-Chancellor fell vacant. Dr. Smt. Chandra Krishmurthy appointed as Acting Vice-Chancellor. On 20 July 2009, earlier Chancellor constituted a Search Committee headed by Dr. Andre Beitelle. In January 2010, PIL No.9 of 2010 challenged that committee. On 20 March 2010, the present Chancellor reconstituted the Search Committee. On 30 March 2010, the Chancellor briefed the committee. Advertisement published on 31 March 2010. 98 applications received, 20 shortlisted. Presentations made before Search Committee on 12 June 2010. Search Committee recommended five names in alphabetical order on 2 July 2010. Chancellor interacted with recommendees on 7 July 2010 and appointed Dr. Rajan Welukar. The instant petitions were filed thereafter.

• Constitution of India: Article 226
• Maharashtra Universities Act, 1994: Section 12
• University Grants Commission Act, 1956: Regulation 7.3.0(i) of the 2010 Regulations