JUDGMENT By the Court.—Professor Madan Mohan Rajput, presently posted as Head of Department of Agriculture Economics, Brahma Nand Post Graduate College, Rath, Hamirpur, is before this Court with following prayers : “I. a writ, order or direction in the nature of certiorari quashing the impugned orders dated 6.7.2015, 18.8.2015 and 28.9.2015 passed by the respondent No. 4 and 2 respectively (Annexure 3, 5 and 8 to this writ petition). II. a writ, order or direction in the nature of mandamus directing the respondent No. 2 and 4 to appoint the petitioner on the post of Officiating Principal in terms of the provisions of Statutes 12.20 of the First Statute of the Bundelkhand University, Jhansi till the joining of regular Principal and may also direct the respondent No. 6 to hand over the charge of Officiating Principal of the College to the petitioner.” 2. This Court vide an order dated 19.11.2015 had proceeded to pass following order: “Put up this case on next Thursday i.e. 26.11.2015 in computer list. On the matter being taken up today, in consonance with the provision as contained under University Grants Commission Regulation, on minimum qualifications dealing with the matter of Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, eligibility criteria for the post of the principal has been provided for. As far as petitioner is concern, he has been non suited, as he is not having to his credit Ph.D. Degree and once eligibility criteria has been provided for, then candidate has to fulfil all the eligibility criteria and incumbent, who has been permitted to function as Officiating Principal, he also does not fulfil eligibility criteria as provided for under Clause (iv) of Statute 4.2.2 of University Grants Commission. Sri Neeraj Tiwari, Advocate submits that he would take necessary instruction in the matter and it would also be much more appropriate that supplementary-affidavit be filed by the petitioner on this aspect of the matter as to in what way and manner Respondent No. 6 lacks eligibility.” 3. In compliance of the aforesaid order, short counter-affidavits have been filed on behalf of respondent No. 2 and 4 respectively, and the same are taken on record. 4. With the consent of learned counsel for the parties, we have proceeded to decide this matter. 5. In compliance of the aforesaid order, short counter-affidavits have been filed on behalf of respondent No. 2 and 4 respectively, and the same are taken on record. 4. With the consent of learned counsel for the parties, we have proceeded to decide this matter. 5. The present writ petition has been filed challenging the orders dated 6.7.2015, 18.8.2015 and 28.9.2015 passed by respondent Nos. 4 and 2 respectively by which the claim of the petitioner for the appointment as officiating Principal in Brahma Nand Post Graduate College, Rath, Hamirpur (hereinafter referred to as institution) has been rejected in terms of provisions of Statute 12.20 of Bundelkhand University, Jhansi and Dr. R.D. Mahan-respondent No. 6 has been appointed as officiating Principal of the institution till regular selection is made by the Commission. 6. Record in question reflects that the institution is recognized and aided from the State Government and University Grants Commission. The said institution is duly affiliated with Bundelkhand University, Jhansi. It is run and managed by a private duly constituted Committee of Management under the framework and guidelines of U.P. State Universities Act, 1973 (hereinafter referred to as Act 1973) and the Statutes of Bundelkhand University, Jhansi. The petitioner was initially appointed as Lecturer in Department of Agriculture Economics of the institution on 15.10.1982 and since then he is continuously discharging his duties. He is senior most Associate Professor in the institution and at present, he is Head of Department of Agriculture Economics Department. Dr. U.P. Singh, who was officiating as Principal of the institution, attained age of superannuation on 6.4.2015. The petitioner is placed at serial No. 2 in the seniority list dated 6.4.2015 and Dr.R.D.Mahan-respondent No. 6 is placed at serial No. 4. Dr. Laxmi Prasad, who was at serial No. 3, attained the age of superannuation on 31.7.2014, and as such, Dr. R.D. Mahan is just below the petitioner. 7. This much is reflected that vide order dated 7.4.2015, as an interim measure, Dr. Surendra Singh-respondent No. 5 was appointed as officiating Principal of the institution for three months under the provision of Statute 12.20 of First Statute of the University. After completion of three months period, the respondent No. 4 again passed an order on 6.7.2015, by which the respondent No. 5 was appointed as officiating Principal of the institution till the joining of regular selected Principal by the Higher Education Commission. After completion of three months period, the respondent No. 4 again passed an order on 6.7.2015, by which the respondent No. 5 was appointed as officiating Principal of the institution till the joining of regular selected Principal by the Higher Education Commission. Against the said order dated 6.7.2015, the petitioner filed detailed objection before respondent No. 2 on 15.7.2015 but no decision was taken. Thereafter, the petitioner approached this Court by means of Writ Petition No. 46287 of 2015 and the said writ petition was finally disposed of vide order dated 18.8.2015 directing the Vice-Chancellor of the University to decide the claim of the petitioner. Thereafter the petitioner had proceeded to file detailed objection on 27.8.2015, which was rejected by the Vice-Chancellor vide impugned order dated 28.9.2015. 8. The claim of the petitioner has been set out precisely on the ground that Statute 12.20 of the First Statute of Bundelkhand University, Jhansi provides that when the office of the Principal of an affiliated College falls vacant, the Management Committee may appoint any teacher to officiate as Principal for a period of three months, or until the appointment of a regular Principal, whichever is earlier. If on or before the expiry of the period of the three months, any regular Principal is not appointed, or such a Principal does not assume office, the senior most teacher in the college shall officiate as Principal of such college until a regular Principal is appointed. Once Dr. U.P. Singh, who was at serial No. 1, attained the age of superannuation on 6.4.2015, then the petitioner being senior most teacher in the institution was liable to be given the charge of officiating Principal of the institution in question but ignoring the said seniority of the petitioner, the charge has been handed over to Dr. R.D. Mahan, who is at serial No. 4 in the seniority. 9. Shri Ashok Khare, Senior Advocate assisted by Shri Uma Nath Pandey, appearing for the petitioner submits that in pursuance of the directives issued by this Court dated 18.8.2015 in Writ A No. 46287 of 2015, the Vice-Chancellor of the University has rejected the claim of the petitioner on 28.9.2015 precisely on the ground that according to amended provisions of Statute 11.03.03 (Kha) of Bundelkhand University Act, 1997, Ph.D qualification is necessary for the post of Principal while the petitioner does not possess the Ph.D degree. This much has also been observed that after passing the resolution for amendment in 2013 the provision of Statute 12.20 of First Statute of the University has been automatically deemed to be amended for the purpose of qualification for the post of officiating Principal. He submits that the order impugned cannot sustain precisely on the ground that to the best knowledge of the petitioner till now no amendment has been made in the Bundelkhand University as required under Section 50 of U.P. State University Act, 1973 and as such, the ground taken in rejection of the claim of the petitioner regarding the amendment in Statutes is totally false and the said amendment is to be carried out after adopting the particular procedure and any amendment in the Statute can only be made after obtaining the ascent of Hon’ble Chancellor. 10. On the other hand, Shri Neeraj Tiwari, learned counsel appearing for the respondent No. 2 submitted that as per Statute of Bundelkhand University, Jhansi and UGC Regulation, there are four minimum requirements with regard to appointment of Principal. In this regard, the Registrar of the University vide letter dated 28.11.2015 had asked to the President of the College providing qualifications of respondent No. 6. Consequently the Principal of the institution had sent detailed letter alongwith all relevant documents pertaining to the qualification of respondent No. 6, who is presently officiating as Principal of the institution in question. He makes submission that the respondent No. 6 fulfills all the minimum eligibility placed by the UGC and as such, there is no infirmity or illegality in handing over charge as officiating Principal to the respondent No. 6. He further makes submission that a bare perusal of the record this much is admitted situation that the petitioner does not have Ph.D degree and as such, he is not eligible for the said post. The present writ petition is only academic in nature and by no stretch of imagination the charge can be handed over to the incumbent, who is not having the requisite minimum eligibility i.e. Ph.D. 11. Shri Rahul Jain, learned counsel appearing for respondent No. 4 i.e. the Executive Council of the institution submits that there is no infirmity or illegality in handing over the charge of officiating Principal of the institution to respondent No. 6. Shri Rahul Jain, learned counsel appearing for respondent No. 4 i.e. the Executive Council of the institution submits that there is no infirmity or illegality in handing over the charge of officiating Principal of the institution to respondent No. 6. He submits that the University Grants Commission has amended the qualification of Principal and framed Regulations namely, “University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010” (in short, UGC Regulations 2010) which was published in Gazette of India Part III Sector 4 on 20.6.2010. Para 4.2.0 of UGC Regulation 2010 provides for qualification of Principals as follows : “4.2.0 PRINCIPAL (i) A Master’s Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) by a recognized University. (ii) A Ph.D Degree in concerned/allied/relevant discipline (s) in the institution concerned with evidence of published work and research guidance. (iii) Associate Professor/Professor with a total experience of fifteen years of teaching/research/administration in Universities, Colleges and other institutions of higher education. (iv) A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) as set out in this Regulation in Appendix-III for direct recruitment of Professor in Colleges.” 12. Chapter-X of Statutes of Bundelkhand University, Jhansi deals with qualifications and appointment of teachers in the affiliated Colleges. Section 49 Statute 10.02 provides for the minimum qualifications for the post of Principal of a College affiliated to the University. Chapter-X of Statutes of Bundelkhand University, Jhansi deals with qualifications and appointment of teachers in the affiliated Colleges. Section 49 Statute 10.02 provides for the minimum qualifications for the post of Principal of a College affiliated to the University. Para 10.02 is reproduced hereinafter : “Section 49 10.02 In the case of an college affiliated to the University following shall be the minimum qualifications for the post of Principal for a— (1) Degree College— (a) A consistently good academic record (that is to say, the over all record of all assessments throughout the academic career of a candidate) with first or high second class (that is to say, with an aggregate of more than 54 percent marks) Master’s degree or an equivalent degree of foreign University in one of the subjects taught in the college or in the subject allied or inter-connected therewith (b) a doctorate degree in one of the subjects taught in the college, with 7 years experience of teaching degree classes; Provided that if a candidate possess 12 years or more experience of teaching degree classes or 7 years or more experience of teaching post graduate classes or if he is or has been a confirmed Principal of four years or more standing of any degree college, the Selection Committee may relax the requirement of doctorate degree. **Provided further that if the Selection Committee is of the view that the research work is of a very high standard it may relax any of the qualifications prescribed in sub-clause (a)” (2) Post-graduate College - (a) a consistently good academic record (that is to say, the overall record of all assessments throughout the academic career of a candidate) with first of high second class (that is to say with as aggregate) or more than 55 percent marks) Master’s degree or an equivalent degree of a foreign University in one of the subjects taught in the college; and (b) a doctorate degree in one of the subjects taught in the college with 7 years experience of reaching post graduate classes or five years experience of Principal ship of a degree college; Provided that if a candidate possesses 10 years experience of teaching post-graduate class or 20 years or more experience or Principalship of a degree College or if he is or has been confirmed Principal of five years or more standing of any post graduate college, the Selection Committee may relax the requirement of doctorate degree. Provided further that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of a very high standard it may relax any of the qualifications prescribed in sub-clause (a)” 13. In order to appreciate the respective arguments so advanced, the relevant provisions of U.P. State University Act, 1973 as well as University Grants Commission Act, 1956 and UGC Regulations 2010 are being looked into. 14. Similar aspect has been dealt with by us in Amrit Prasad v. State of U.P., 2016(1) ADJ 698 . Relevant paras of the judgement are extracted as below : “U.P. State Universities Act, 1973: Bundel Khand University has been established at Jhansi under the provisions of U.P. State Universities Act, 1973, Section 4 (1-A) for the area specified in the Schedule. Section 3 of the Act deals with incorporation of Universities. Section 7 deals with power and duties of University. Section 9 deals with officers of the University wherein under clause (c) of Section 9 Vice-Chancellor has also been shown as an officer of the University. Section 10 deals with Chancellor and provides that by virtue of his office he is the Head of University. Section 12 deals with Vice-Chancellor. Section 7 deals with power and duties of University. Section 9 deals with officers of the University wherein under clause (c) of Section 9 Vice-Chancellor has also been shown as an officer of the University. Section 10 deals with Chancellor and provides that by virtue of his office he is the Head of University. Section 12 deals with Vice-Chancellor. Section 12 reads as follows: “12 The Vice-Chancellor : (1) The Vice-Chancellor shall be whole-time salaried officer of the University and shall be appointed by the Chancellor except as provided by sub-section (5) or sub-section (10) from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of sub-section (2). (2) The Committee referred to in sub-section (1) shall consist of the following members, namely- (a) one person (not being a person connected with the University, an Institute, a constituent college, an associated or affiliated college or a hall or hostel) to be elected by the Executive Council (at least three months before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of his term); (b) one person who is or has been a Judge of the High Court of Judicature at Allahabad including the Chief Justice thereof nominated by the said Chief Justice: and (c) one person to be nominated by the Chancellor who shall also be the convenor of the Committee: [provided that where the Executive Council fails to elect any person in accordance with clause (a), then the Chancellor shall nominate in addition to the person nominated by him under clause (c), on person in lieu of the representative of the Executive Council.] (3) The Committee, shall, as far as may be, at least sixty days before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of term or resignation under sub-section (7), and also whenever so required and before such date as may be specified by the Chancellor; submit to the Chancellor the names of not less than three and not more than five persons suitable to hold the office of the Vice-Chancellor. The Committee shall, while submitting the names, also forward to the Chancellor a concise statement showing the academic qualifications and other distinctions of each of the persons so recommended, but shall not indicate any order of preference. (4) Where the Chancellor does not consider any one or more of persons recommended by the Committee to be suitable for appointment as Vice-Chancellor or if one or more of the persons recommended is or are not available for appointment and the choice of the Chancellor is restricted to less than three persons, he may required the Committee to submit a list of fresh names in accordance with sub-section (3). (5) If the Committee in the case referred to in sub-section (3) or sub-section (4) fails or is unable to suggest any names within the time specified by the Chancellor, [or if the Chancellor does not consider any one or more of the fresh names recommended by the Committee to be suitable for appointment as Vice-Chancellor] another Committee consisting of three persons of academic eminence shall be constituted by the Chancellor which shall submit the names in accordance with sub-section (3). (6) No act or proceeding of the Committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so. (7) The Vice-Chancellor shall hold office for a term of three years from the date on which he enters upon his office: Provided that the Vice-Chancellor may by writing under his hand addressed to the Chancellor resign his office, and shall cease to hold his office on the acceptance by the Chancellor of such resignation. (8) Subject to the provisions of this Act, the emoluments and other conditions of service of the Vice-Chancellor shall be such as may be determined by the State Government by general or special order in that behalf. (8) Subject to the provisions of this Act, the emoluments and other conditions of service of the Vice-Chancellor shall be such as may be determined by the State Government by general or special order in that behalf. (9) The Vice-Chancellor shall not be entitled to the benefit of any pension, insurance or provident fund constituted under Section 33: [Provided that when any teacher or other employee of any University or any affiliated or associated college is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber and the contribution of the University shall be limited to what it had been contributing immediately before his appointment as Vice-Chancellor.] (10) In any of the following circumstances (of the existence of which the Chancellor shall be the sole judge), the Chancellor may appoint any suitable person to the office of Vice-Chancellor for a term not exceeding six months as he may specify- (a) where a vacancy in the office of Vice-Chancellor occurs or is likely to occur by reason of leave or any other cause, not being resignation or expiry of term of which a report shall forthwith be made by the Registrar to the Chancellor; (b) where a vacancy in the office of Vice-Chancellor occurs and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-section (1) to (5); (c) any other emergency; Provided that Chancellor may, from time to time, extend the term of appointment of any person to the office of Vice-Chancellor under this sub-section, so however, that the total term of such appointment (including the term fixed in the original order) does not exceed on year. (11) Until a Vice-Chancellor appointed under sub-section (1) or sub-section (5) or sub-section (10) assumes office, the Pro-Vice-Chancellor, if any, or where there is no Pro-Vice-Chacellor, the seniormost Professor of the University in the case of the University of Gorkhpur and any University mentioned in or specified under Section 38, or the seniormost Principal of an affiliated college in the case of any other University shall discharge the duties of the Vice-Chancellor as well. [(12) If in opinion of the Chancellor, the Vice-Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him, or if it otherwise appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after making such inquiry as he deems proper, by order, remove the Vice-Chancellor. (13) During the pendency or in contemplation, of any inquiry referred to in sub-section (12) the Chancellor may order that till further orders- (a) such Vice-Chancellor shall refrain from performing the functions of the office of Vice-Chancellor, but shall continue to get the emoluments to which he was otherwise entitled under sub-section (8); (b) the functions of the office of the Vice-Chancellor shall be performed by the person specified in the order.]” Under Uttar Pradesh State Universities Act, 1973, Section 13 deals with powers and duties of the Vice-Chancellor by providing that Vice-Chancellor shall be the principal executive and academic officer of the University. Section 13 of the Act reads as follows : “13. Powers and duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall— (a) exercise general supervision and control over the affairs of the University including the constituent Colleges and the Institutes maintained by the University and its affiliated and associated colleges ; (b) given effect to the decisions of the authorities of the University; (c) in the absence of the Chancellor, preside at meetings of the Court and at any convocation of the University ; (d) be responsible for the maintenance of discipline in the University; (e) be responsible for holding and conducting the University examinations properly and at due times and for ensuring that the results of such examinations are published expeditiously and that the academic session of the University starts and ends on proper dates. (2) He shall be an ex officio member and Chairman of the Executive Council, Academic Council, and the Finance Committee. (3) He shall have the right to speak in and otherwise to take part in the meeting of any other authority or body of the University but shall not by virtue of this sub-section be entitled to vote. (2) He shall be an ex officio member and Chairman of the Executive Council, Academic Council, and the Finance Committee. (3) He shall have the right to speak in and otherwise to take part in the meeting of any other authority or body of the University but shall not by virtue of this sub-section be entitled to vote. (4) It shall be the duty of the Vice-Chancellor to ensure the faithful observance of the provisions of this Act, the Statutes and the Ordinance and he shall, without prejudice to the powers of the Chancellor possess all such powers as may be necessary in that behalf. (5) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Executive Council, the Court, the Academic Council and the Finance Committee: Provided that he may delegate this power to any other officer of the University. (5) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Executive Council, the Court, the Academic Council and the Finance Committee: Provided that he may delegate this power to any other officer of the University. (6) Where any matter (other than the appointment of teacher of the University) is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action taken by him to the Chancellor and also to the officer, authority, or other body who or which in the ordinary course would have dealt with the matter: Provided further that if the officers, authority or other body is of opinion that such action ought not to have been taken, it may refer the matter to the Chancellor who may either confirm the action taken by the Vice-Chancellor or annul the same or modify it in such manner, as he thinks fit and thereupon, it shall cease to have effect or, as the case may be, take effect in the modified form, so however, that such annulment or modification shall be without prejudice to the validity of anything previously done by or under the order of the Vice-Chancellor: Provided also that any person in the service of 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. (7) Nothing in sub-section (6) shall be deemed to empower the Vice-Chancellor to incur any expenditure not duly authorised and provided for in the budget. (8) Where the exercise of the power by the Vice-Chancellor under sub-section terminate on appointment of an officer, such appointment shall terminate on appointment being made in the prescribed manner or on the expiration of a period of six months from the date of the order of the Vice-Chancellor, whichever is earlier. (8) Where the exercise of the power by the Vice-Chancellor under sub-section terminate on appointment of an officer, such appointment shall terminate on appointment being made in the prescribed manner or on the expiration of a period of six months from the date of the order of the Vice-Chancellor, whichever is earlier. (9) The Vice-Chancellor shall exercise such other powers as may be laid down by the Statutes and the Ordinances.” The University Grants Commission Act, 1956: The UGC Act, 1956 was enacted to make provisions for the coordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission. Section 12 deals with the ‘’function of the Commission’, relevant of which is quoted hereunder: “12. Functions of the Commission : It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may- (a) inquire into the financial needs of Universities; (b) -(c) (d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation; (e) to (i) (j)perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions.” 10. Section 14 deals with ‘’consequences of failure of Universities to comply with recommendations of the Commission’ which is as follows: “14. Section 14 deals with ‘’consequences of failure of Universities to comply with recommendations of the Commission’ which is as follows: “14. Consequence of failure of universities to comply with recommendation of the Commission : If any University grants affiliation in respect of any course of study to any college referred to in sub-section (5) of Section 12A in contravention of the provisions of that sub-section or fails within a reasonable time to comply with any recommendation made by the Commission under Section 12 or Section 13, or contravenes the provision of any rule made under clause (f) or clause (g) of sub-section (2) of Section 25, or of any regulation made under clause(e) or clause (f) or clause (g) of Section 26,] the Commission, after taking into consideration the cause, if any, shown by the University 3[for Such failure or contraventions may withhold from the University the grants proposed to be made out of the Fund of the Commission.” Section 26 deals with power to make regulations. The relevant portion of the said section is quoted below: “Section 26. (1) The Commission [may, by notification in the Official Gazette, make regulations] consistent with this Act and the rules made thereunder- (a) to (d) x x x x x (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction;” (f) x x x x “(g) regulating the maintenance of standards and the co-ordination of work or facilities in Universities.” 12. As per Section 28 the Rules and Regulations framed under the U.G.C. Act are required to be laid before each House of Parliament and when both the Houses agree then the Rules and Regulations can be given effect with such modification as may be made by the Parliament. Section 28 reads as below: “Section 28. As per Section 28 the Rules and Regulations framed under the U.G.C. Act are required to be laid before each House of Parliament and when both the Houses agree then the Rules and Regulations can be given effect with such modification as may be made by the Parliament. Section 28 reads as below: “Section 28. Laying of rules and regulations before Parliament : Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may, be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.” “9. Validation : [No rule made or purporting to have been made, with retrospective effect, under Section 25 of the principal Act before the commencement of this Act shall be deemed to have been invalid or ever to have been invalid merely on the round that such rule was made with retrospective effect and accordingly every such rule and every action taken or thing done thereunder shall be as valid and effective as if the provisions of Section 25 of the principal Act, as amended by this Act, were in force at all material times when such rule was made or action or thing was taken or done.” The UGC Regulations, 2010 : University Grants Commission Bahadur Shah Zafar Marg New Delhi-110002. “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 [To be published in the gazette of India Part III Sector 4] No. F.3-1/2009 28 June, 2010 In exercise of the powers conferred under clause (e) and (g) of sub-section (1) of Section 26 of University Grants Commission Act, 1956 (3 of 1956), and in pursuance of the MHRD O.M.No. F.23-7/2008-IFD dated 23rd October, 2008, read with Ministry of Finance (Department of Expenditure) O.M.No. F.1-1/2008-IC dated 30th August, 2008, and in terms of the MHRD Notification No. 1-32/2006-U.II/U.I(1) issued on 31st December, 2008 and in supersession of the University Grants Commission (minimum qualifications required for the appointment and career advancement of teachers in Universities and Institutions affiliated to it) Regulations, 2000, issued by University Grants Commission vide Regulation No. F.3-1/2000 (PS) dated 4th April, 2000, together with all amendments made therein from time to time, the University Grants Commission hereby frames the following Regulations, namely : 1. Short title, application and commencement : 1.1. These Regulations may be called the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010. 1.2. They shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission, in consultation with the university concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every institution deemed to be a university under Section 3 of the said Act. 1.3 They shall come into force with immediate effect. Provided that in the event, any candidate becomes eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31st December, 2008, the promotion of such a candidate shall be governed by the provisions of these Regulations. 1.3 They shall come into force with immediate effect. Provided that in the event, any candidate becomes eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31st December, 2008, the promotion of such a candidate shall be governed by the provisions of these Regulations. Provided further that notwithstanding anything contained in these Regulations, in the event any candidate became eligible for promotion under Career Advancement Scheme prior to 31st December, 2008, the promotion of such a candidate under Career Advancement Scheme shall be governed by the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and institutions affiliated to it) Regulations, 2000 notified vide Notification No. F.3-1/2000(PS) dated 4th April, 2000, as amended from time to time, read with notifications and guidelines issued by the University Grants Commission (UGC) from time to time, in this regard. 2. The Minimum Qualifications for appointment and other service conditions of University and College teachers, Librarians and Directors of Physical Education and Sports as a measure for the maintenance of standards in higher education, shall be as provided in the Annexure to these Regulations. 3.Consequences of failure of the Universities to comply with the recommendations of the Commission, as provision of Section 14 of the University Grants Commission Act, 1956 : If any University grants affiliation in respect of any course of study to any college referred to in sub-section(5) of Section 12-A in contravention of the provisions of the sub-section, or fails within a reasonable time to comply with any recommendations made by the Commission under Section 12 or Section 13, or contravenes the provisions of any rule made under clause (f) of sub-section (2) of Section 25 or of any regulations made under clause (e) or clause (f) or clause (g) of sub-section (1) of Section 26, The Commission after taking into consideration the cause, if any, shown by the University for such failure or contravention, may withhold from the university the grants proposed to be made out of the fund of the Commission. Secretary.” 13. The Annexure to UGC Regulations, 2010 prescribes the minimum qualifications for appointment and other service conditions of University and College Teachers, Librarians, Directors of Physical Education and Sports. 14. Regulation 2.0.0 relates to pay-scales, pay fixation and age of superannuation, etc. Regulation 7.0.0. relates to selection of Pro-Vice-Chancellor/Vice-Chancellor of Universities. In Regulation 7.3.0. Secretary.” 13. The Annexure to UGC Regulations, 2010 prescribes the minimum qualifications for appointment and other service conditions of University and College Teachers, Librarians, Directors of Physical Education and Sports. 14. Regulation 2.0.0 relates to pay-scales, pay fixation and age of superannuation, etc. Regulation 7.0.0. relates to selection of Pro-Vice-Chancellor/Vice-Chancellor of Universities. In Regulation 7.3.0. standards to be followed and qualifications necessary for selection to the post of Vice-Chancellor have been mentioned. Regulation 7.4.0 relates to adoption of Regulations by the universities and State Governments. 15. The relevant provisions of the Annexure to the UGC Regulations, 2010 are quoted hereunder: “ANNEXURE UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF THE TEACHERS AND OTHER ACADEMIC STAFF IN UNIVESITEIS AND COLLEGES AND MEAUSRES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATOIN, 2010 These Regulations are issued for minimum qualifications for appointment and other service conditions of University and College Teachers, Librarians, Directors of Physical Education and Sports for the maintenance of standards in higher education and revision of pay-scales. 7.0.0. SELECTION OF PRO-VICE-CHANCELLOR/VICE-CHANCELLOR OF UNIVERSITIES: 7.1.0. PRO-VICE-CHANCELLOR: The Pro-Vice-Chancellor may be a whole time Professor of the University and shall be appointed by the Executive Council on the recommendation of Vice- Chancellor. 7.2.0.The Pro-Vice-Chancellor shall hold office for a period which is co-terminus with that of Vice-Chancellor. However, it shall be the prerogative of the Vice- Chancellor to recommend a new Pro-Vice- Chancellor to the Executive Council, during his tenure. These Regulations, for selection of Pro- Vice- Chancellor shall be adopted by the concerned University through amendment of their Act/Statute. 7.3.0. VICE-CHANCELLOR : i. Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellors. 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. ii. The selection of Vice-Chancellor should be through proper identification of a Panel of 3-5 names by a Search Committee through a public Notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. The members of the above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing the panel, the search committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience in academic and administrative governance to be given in writing alongwith the panel to be submitted to the Visitor/Chancellor. In respect of State and Central Universities, the following shall be the constitution of the Search Committee. (a) a nominee of the Visitor/Chancellor, who should be the Chairperson of the Committee. (b) a nominee of the Chairman, University Grants Commission. (c) a nominee of the Syndicate/Executive Council/Board of Management of the University. iii. The Visitor/Chancellor shall appoint the Vice-Chancellor out of the Panel of names recommended by the Search Committee. iv. The conditions of service of the Vice- Chancellor shall be prescribed in the Statutes of the Universities concerned in conformity with these Regulations. v. The term of office of the Vice-Chancellor shall form part of the service period of the incumbent concerned making him/her eligible for all service related benefits. 7.4.0 The Universities/State Governments shall modify or amend the relevant Act/Statutes of the Universities concerned within 6 months of adoption of these Regulations. 3. Pay-scales of Pro Vice-Chancellor/Vice-Chancellor of Universities : (i) Pro-Vice-Chancellor- The posts of Pro-Vice-Chancellor shall be in the Pay Band of Rs. 37,400 - Rs. 67,000 with AGP of Rs. 10,000 or Rs. 12,000, as the case may be, alongwith a Special Allowance of Rs. 4,000 per month, subject to the condition that the sum total of pay in the Pay Band, the Academic Grade Pay and the Special Allowance shall not exceed Rs. 80,000. (ii) Vice-Chancellor- The posts of Vice-Chancellor shall carry a fixed pay of Rs. 75,000 alongwith a Special Allowance of Rs. 5,000 per month. 8. Other terms and conditions: (a) Increments : xxx xxx xxx xxx xxx xxx xxx xxx (p) Applicability of the Scheme : (i) This Scheme shall be applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges there-under and the Institutions Deemed to be Universities whose maintenance expenditure is met by the UGC. The implementation of the revised scales shall be subject to the acceptance of all the conditions mentioned in this letter as well as Regulations to be framed by the UGC in this behalf. Universities implementing this Scheme shall be advised by the UGC to amend their relevant statutes and ordinances in line with the UGC Regulations within three months from the date of issue of this letter. 16. In order to consider the issue that has been so raised, at the very outset, we will have to go through the judgement of the Apex Court in the case of Kalyani Mathivanan v. K.V. Jeyaraj and others, (2015) 6 SCC 363 , wherein taking into account the provisions of UGC Minimum Qualification Regulations, 2010 that has already been extracted above from the said judgment, opinion has been formed that the said regulations are mandatory for Central Institutions and those founded by University Grants Commission, and mandatory in States which have adopted the UGC Regulations; while they are directory for State Institutions in States which have not adopted the UGC Regulations. In the said judgement three issues were framed. (i) Whether the UGC Regulations, 2010 are mandatory in nature; (ii) In the event of conflict between the University Act and the UGC Regulations, which of the two would have overriding effect; and (iii) Whether the post of Vice-Chancellor of a university is to be considered as part of teaching staff? For determining the issues so framed, after considering the provisions of UGC Act, 1956, UGC Regulations, 2010 and the University Act following discussions have been made and then conclusions have been drawn as follows: “From paragraph 8(p)(i) and (v) of Appendix-I dated 31st December, 2008 read with Regulation 7.4.0 we find that the Scheme of regulation is applicable to teaching staffs of all Central Universities and Colleges thereunder and the institutions deemed to be Universities whose maintenance expenditure is met by the UGC. However, the Scheme under UGC Regulations, 2010 is not applicable to the teaching staffs of the Universities, Colleges and other higher educational institutions coming under the purview of State Legislature, unless State Government wish to adopt and implement the Scheme subject to terms and conditions mentioned therein. However, the Scheme under UGC Regulations, 2010 is not applicable to the teaching staffs of the Universities, Colleges and other higher educational institutions coming under the purview of State Legislature, unless State Government wish to adopt and implement the Scheme subject to terms and conditions mentioned therein. From UGC Regulations, 2010, it is clear that the Vice- Chancellor 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. Whereas the post of Vice-Chancellor under University Act, 1965 and statute made thereunder is not a teaching post but an officer of the University. The question that now arises is whether any of the provisions of the State Legislation (University Act, 1965) and statutes framed thereunder is in conflict with the Central Legislation i.e. UGC Act, 1956 including UGC Regulations, 2010. We find that post of Vice-Chancellor under the University Act, 1965 is a post of an Officer. The UGC Act 1956 is silent about this aspect. The UGC Regulations, 2000 are also silent in regard to post of Vice-Chancellor. Provisions regarding Vice- Chancellor have been made for the first time under UGC Regulations, 2010. We have noticed and held that UGC Regulations, 2010 is not applicable to the Universities, Colleges and other higher educational institutions coming under the purview of the State Legislature unless State Government wish to adopt and implement the Scheme subject to the terms and conditions therein. In this connection, one may refer paragraph 8(p)(v) of Appendix-I dated 31st December, 2008 and Regulation 7.4.0 of UGC Regulations, 2010. It is also not the case of the respondents that the Scheme as contained in Appendix-I to the Annexure of UGC Regulations, 2010 has been adopted and implemented by the State Government. It is also apparent from the facts that University Act has not been amended in terms of UGC Regulations, 2010 nor was any action taken by the UGC under Section 14 of UGC Act, 1956 as a consequence of failure of University to comply with the recommendations of the Commission under Section 14 of the UGC Act, 1956. It is also apparent from the facts that University Act has not been amended in terms of UGC Regulations, 2010 nor was any action taken by the UGC under Section 14 of UGC Act, 1956 as a consequence of failure of University to comply with the recommendations of the Commission under Section 14 of the UGC Act, 1956. We do not agree with the finding of the Bombay High Court that Regulation 7.3.0 of the UGC Regulations, 2010 is not traceable to clause (e) or (g) of Section 26(1) of UGC Act, 1956. We also refuse to agree that Regulation 7.3.0 of the UGC Regulations, 2010 being a sub-ordinate legislation under the Act of Parliament cannot override the preliminary legislation enacted by the State Legislature. However, the finding of the Bombay High Court that Regulation 7.3.0 has to be treated as recommendatory in nature is upheld in so far as it relates to Universities and Colleges under the State Legislation. In view of the discussion as made above, we hold: (i) To the extent the State Legislation is in conflict with Central Legislation including sub-ordinate legislation made by the Central Legislation under Entry 25 of the Concurrent List shall be repugnant to the Central Legislation and would be inoperative. (ii) The UGC Regulations being passed by both the Houses of Parliament, though a sub-ordinate legislation has binding effect on the Universities to which it applies. (iii)UGC Regulations, 2010 are mandatory to teachers and other academic staff in all the Central Universities and Colleges thereunder and the Institutions deemed to be Universities whose maintenance expenditure is met by the UGC. (iv) UGC Regulations, 2010 is directory for the Universities, Colleges and other higher educational institutions under the purview of the State Legislation as the matter has been left to the State Government to adopt and implement the Scheme. Thus, UGC Regulations, 2010 is partly mandatory and is partly directory. (v) UGC Regulations, 2010 having not adopted by the State Tamil Nadu, the question of conflict between State Legislation and Statutes framed under Central Legislation does not arise. Once it is adopted by the State Government, the State Legislation to be amended appropriately. In such case also there shall be no conflict between the State Legislation and the Central Legislation.” 18. Once it is adopted by the State Government, the State Legislation to be amended appropriately. In such case also there shall be no conflict between the State Legislation and the Central Legislation.” 18. As far as State of U.P. is concerned, State of U.P. on 31st December, 2010 has proceeded to adopt the said Regulations in question in following manner: Lka[;k&2840@lŸkj&1&2010 izs"kd] foey fd'kksj xqIrk fo'ks"k lfpo] mRrj izns'k 'kkluA lsok esa] 1&dqylfpo leLr jkT; fo'ofo|ky; mŸkj izns'kA 2&funs'kd mPp f'k{kk foHkkx m0iz0 bykgkcknA mPp f'k{kk vuqHkkx&1 y[kuÅ fnukad 31 fnlEcj&2010 fo"k;% fo'ofo|ky;ksa ,oa egkfo|ky;ksa esa f'k{kdksa ,oa vU; 'kS{kf.kd LVkQ lnL;ksa dh fu;qfDr ds fy;s fu/kkZfjr vgZrk lEcU/kh fu;eu rFkk mPp f'k{kk ds vUrxZr ekudksa ds O;oLFkkiu ds fy;s vko';d mik;ksa ij fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eu&2010 ds izkfo/kkuksa dks ykxw fd;s tkus ds lEcU/k esa% egksn;] mi;qZDr fo"k;d fo'ofo|ky; ,oa egkfo|ky;ksa esa f'k{kdksa ,oa vU; 'kS{kf.kd LVkQ lnL;ksa dh fu;qfDr ds fy;s fu/kkZfjr vgZrk lEcU/kh fu;eu rFkk mPp f'k{kk ds vUrxZr ekudksa ds O;oLFkkiu ds fy, vko';d mik;ksa ij fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fueu] 2010 ds lEcU/k esa eq>s ;g dgus dk funsZ'k gqvk gS fd 'kklu }kjk fuEukuqlkj vuqikyu@dk;Zokgh lqfuf'pr fd;s tkus dk fu.kZ; fy;k x;k gS%& 1& izns'k ds fo'ofo|ky;ksa@egkfo|ky;ksa ds f'k{kdksa ds inksa ij fu;qfDr fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eu&2010 esa fu/kkZfjr vgZrk ds vuqlkj dh tk;sxhA ;g O;oLFkk bl 'kklukns'k ds fuxZr gksus ds fnukWd ls izHkkoh gksxhA vuqlwfprtkfr@vuqlwfpr tutkfr dks fu/kkZfjr vgZrk vFkkZr LukrdksŸkj esa 5 izfr'kr vadksa dh NwV iwoZor tkjh jgsxhA bl izdkj mŸke 'kSf{kd vfHkys[k ds lEcU/k esa Hkh vuqlwfpr tkfr@vuqlwfpr tutkfr@'kkjhfjd ,oa n`"Vckf/kr fodykaxtu ds vH;fFkZ;ksa dks Lukrd Lrj ij nh tkus okyh 5 izfr'kr dh NwV dh O;oLFkk iwoZor ykxw jgsxhA 2& fo'ofo|ky; ds f'k{kdksa dk p;u fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;er 2010 esa of.kZr izkfo/kkuksa ds vk/kkj ij fd;k tk;sxk] ijUrq egkfo|ky;ksa ds f'k{kdksa@izkpk;ksZ ds lEcU/k esa p;u izfdz;k jgsxhA bl lEcU/k esa vko';drkuqlkj i`Fkd ls vkns'k fuxZr fd;s tk;sxsA 3& f'k{kdksa ds fy;s dSfj;j ,MokalesUV gsrq fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;fer 2010 }kjk fu/kkZfjr dSfj;j ,MokalesV Ldhu o blds v/khu inksUufr gsrq foxr lsokvksa dh x.kuk ds lEcU/k esa fd;s x;s izkfo/kku fo'ofo|ky; vuqnku vk;ksx }kjk fu;eu&2010 fuxZr gksus dh frfFk fnukad 30 twu&2010 ls ykxw gksxsA blls igys dSfj;j ,MokalesaV ds lEcU/k esa iwoZor O;oLFkk gh ykxw jgsxhA 4& dSfj;j ,MokalesV Ldhe ds vUrxZr Hkh fo'ofo|ky;ksa ds fy;s fu/kkZfjr p;u lfefr@p;u izfdz;k fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eru&2010 dh O;oLFkk ds vuqlkj gh gksxh fdUrq fo'ofo|ky;ksa ds f'k{kdksa ds lEcU/k esa ;g O;oLFkk iwoZor cuh jgsxhA vko';drkuqlkj bl lEcU/k esa i`Fkd ls vkns'k fuxZr fd;s tk;sxsA 5&fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eu&2010 }kjk efgyk f'k{kdksa ds fy;s ekr`Ro ¼izlwfr½ vodk'k dh vof/k 135 fnu ls c<+kdj 180 fnu ¼iw.kZ osru ij½ dj fn;k x;k gSA ,oa efgyk f'k{kdksa ds fy;s lEiw.kZ lsok esa nks o"kZ ¼730fnu½ dk ckY; ns[kHkky vodk'k@nRrd xzg.k vodk'k Lohd`r fd;k x;k gSA bl 'kklukns'k ds fuxZr gksus dh frfFk ls efgyk f'k{kdksa dks vuqeU; ekr`Ro vodk'k 135 fnu ls c<+kdj 180 fnu fd;k tkrk gS lkFk gh jkT; ljdkj ds efgyk dfeZdksa dks foŸk foHkkx ds dk;kZy;&Kki la[;k&th&2&2017@nl&2008&216@79 fnukad 08 fnlEcj&2008 ds vuqlkj nks o"kZ ¼730½ dk ckY; ns[kHkky vodk'k ,oa nRrd xzg.k vodk'k dh lqfo/kk iznku dh tkrh gSA mi;qZDrckY; ns[kHkky@nRrd xzg.k vodk'k ds lEcU/k esa jkT; ljdkj ds dk;kZy; Kki la[;k&th&2&573@nl&12009&216@79 fnukad 24 ekpZ&2009 }kjk fu/kkZfjr 'krksZ ds v/khu Lohd`r fd;k tk;sxkA 'ks"k vodk'k iwoZor jgsxsA fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;er&2010 }kjk vodk'k ds lEcU/k esa dh x;h O;oLFkk;sa mDr lhek rd izHkkoh gksxhA 6& fo'ofo|ky;@dkystksa dks de ls de 180 dk;Z fnol dks vaxhdkj djuk gksxk vFkkZr ,d lIrkg esa 6 fnolksa ds 30 lIrkgksa dk okLrfod f'k{k.k gksuk pkfg, 'ks"k vof/k esa ls 12 lIrkg izos'k rFkk ijh{kk fdz;kdyki rFkk lg&ikBsRrj [ksydwn dkyst fnol vkfn ds xSj vuqns'kkRed fnol dks lefiZr gksxkA 7& f'k{kdksa dk f'k{k.k dk;ZHkj lEcU/k esa fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;er&2010 esa fd;s x;s izkfo/kkuksa dk vuqikyu lqfuf'pr fd;k tk;sA 8& fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eu&2010 esa dh x;h vuq'kalkvksa dks lfEefyr djrs gq;s ,d f'k{kd vkpj.k fu;ekoyh cukbZ tk;sA 9& f'k{kdksa dh ifjoh{kk vkSj LFkk;hdj.k fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eu&2010 esa dh x;h O;oLFkk ds vuqlkj fd;k tk;sxkA d`i;k mijksDr O;oLFkk;sa 15 fnu ds vUnj vius&vius fo'ofo|ky;ksa dh ifjfu;ekoyh esa lfEefyr djkus gsrq vko';d dk;Zokgh rRdky lqfuf'pr djus dk d"V djsA mi;qZDr vkns'k mŸkj izns'k jkT; fo'ofo|ky; vfèkfu;e&1973 dh /kkjk&50¼6½ ds vUrxZr fuxZr fd;s tk jgs gSA ;fn fo'ofo|ky; fu/kkZfjr vof/k ds vUnj mi;qZDr izkfo/kku izFke ifjfu;ekoyh ds ifjfu;e esa lqlaxr LFkku ij lfEefyr djus esa vlQy jgrk gS rks bl lEcU/k esa 'kklu }kjk Jh dqykf/kifr ds vuqeksnu ls lHkh fo'ofo|ky; dh ifjfu;e dks mDr lhek rd la'kks/kr dj fn;k tk;sxkA Hkonh; gLrk{kj&vLi"V foey fd'kksj xqIrk fo'ks"k lfpoA la[;k&2840¼1½@lRrj&1&2010 rn~ fnukadA Record in question further reflects that once again the State Government on 3rd December, 2013 proceeded to issue following notification: Lka[;k&377@lŸkj&1&2013&16¼114½@2010 izs"kd] fuf/k dsljokuh fo'ks"k lfpo] mŸkj izns'k 'kkluA lsok esa] 1&dqylfpo leLr jkT; fo'ofo|ky; mŸkj izns'kA 2&funs'kd] mPp f'k{kk foHkkx] mŒizŒ bykgkcknA mPp f'k{kk vuqHkkx&1 y[kuÅ fnukad 03 fnlEcj&2013 fo"k;% fo'ofo|ky;ksa ,oa egkfo|ky;ksa esa f'k{kdksa ,oa vU; 'kS{kf.kd LVkQ lnL;ksa dh fu;qfDr ds fy;s fu/kkZfjr vgZrk lEcU/kh fu;eu rFkk mPp f'k{kk ds vUrxZr ekudksa ds O;oLFkkiu ds fy;s vko';d mik;ksa ij fo'ofo|ky; vuqnku vk;ksx }kjk fuxZr fu;eu&2010 ds izkfo/kkuksa dks ykxw fd;s tkus ds lEcU/k esa% egksn;] mi;qZDr fo”k;d la[;k&2840@lŸkj&2010 fnukad 31&12&2010 }kjk mŸkj izns'k jkT; fo'ofo|ky; vf/kfu;e] 1973 dh /kkjk&50 dh mi/kkjk ¼6½ esa fufgr 'kfDr;ksa dk iz;ksx djrs gq;s jkT; ljdkj }kjk fo'ofo|ky; dh izFke ifjfu;ekoyh esa ;FkkLFkku la'kks/ku lqfuf'pr fd;s tkus ds mn~ns'; ls funsZ'k tkjh fd;s x;s Fks vkSj fo'ofo|ky;ksa ls ;g vis{kk dh x;h Fkh fd os 15 fnuksa ds vUnj viuh izFke ifjfu;ekoyh esa ;Fkkvisf{kr la'kks/ku fd;k tkuk lqfuf'pr djsA fofgr vof/k ds lekIr gksus ds mijkUr Hkh fdlh fo'ofo|ky; }kjk ifjfu;ekoyh esa la'kks/ku dh fufnZ"V dk;Zokgh ugha dh x;hA blfy;s mŸkj izns'k jkT; fo'ofo|ky; vf/kfu;e 1973 dh /kkjk 50 dh mi/kkjk 6 esa fufgr 'kfDr;ksa ds vUrxZr jkT; ljdkj }kjk fo'ofo|ky; vuqnku vk;ksx }kjk fnukad 30 twu 2010 dks fuxZr izkfo/kkuksa dks ykxw fd;s tkus ds lEcU/k esa leLr jkT; fo'ofo|ky;ksa esa ,d leku ifjfu;ekoyh rS;kj dh x;h vkSj mDr ifjfu;ekoyh ds lEcU/k esa 'kklu ds i= fnukad 28 twu 2010 }kjk fo'ofo|ky;ksa ls vfHker miyC/k djkus dh vis{kk dh x;hA dfri; fo'ofo|ky;ksa ls izkIr vfHker dks laKku esa fy;k x;kA mDr ifjfu;ekoyh esa fd;s x;s izkfo/kkuksa dks egkefge Jh jkT;iky@dqykf/kifr }kjk mŸkj izns'k jkT; fo'ofo|ky; vf/kfu;e 1973 dh /kkjk 50 dh mi/kkjk 6 ds vUrxZr lgefr iznku dh x;h gSA egkefge Jh jkT;iky@dqykf/kifr }kjk vuqeksfnr ifjfu;ekoyh dh izfr layXu dj izsf"kr djrs gq;s eq>s ;g dgus dk funZs'k gqvk gS fd d`i;k ifjfu;ekoyh es fd;s x;s izkfo/kkuksa dk vuqikyu lqfuf'pr djkus dk d"V djs ,oa d`r dk;Zokgh ls 'kklu dks Hkh voxr djk;sA Hkonh; fuf/k dsljokuh fo'ks"k lfpo Lka[;k&377 1@lŸkj&1&2013 rnfnukWd 15. We have occasion to peruse the aforesaid Government Orders and this much is reflected that UGC Regulation 2010 stands adopted by the State Government and bare perusal of the Government Order dated 31.12.2010 would go to show that as far as teachers and other non-teaching staff are concerned, qua then the UGC Regulation 2010 has to be adhered to and same is the language that has been so used in the letter dated 3.10.2013. We have also perused the details regarding minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) as set out in this Regulation in Appendix-III for direct recruitment of Professor in Colleges. 16. It has also been brought on record that in pursuance of the order dated 28.9.2015 passed by the Vice-Chancellor, Dr. R.D. Mahan-respondent No. 6 has been given the charge of officiating Principal of the institution and consequently vide order dated 15.10.2015 the Regional Higher Education Officer, Jhansi has also attested the signatures of respondent No. 6 as Officiating Principal of the institution in question. The respondent No. 6 possesses the requisite qualification for the post of Principal and fulfills the conditions/qualifications given in Regulation 4.2.0 of UGC Regulation 2010. Details have also been furnished regarding the minimum score of respondent No. 6 with regard to Academic Performance Indicator (API) and Performance Based Appraisal System (PBAS). The same has been certified by Registrar, Bundelkhand University, Jhansi, which clearly gives an impression to the Court that the documents in question had been thoroughly scrutinized by the competent authority. The record in question clearly reflects to this Court that the respondent No. 6 possess the qualification for the post of Principal as provided in UGC Regulations, 2010 and thus he is qualified for the post of Principal and has rightly been given the charge of officiating Principal of the institution. 17. The writ petition sans merit and is dismissed.