Case Law Details
Court is satisfied that the petitioner seeking a writ of quo warranto has demonstrably failed to plead and establish that appointment of 5th respondent Sanjay Kumar Patil as Vice-Chancellor of Indira Gandhi Agricultural University is in violation of the statutory rules. The petitioner has evidently failed to plead and establish the applicability of UGC Regulations, 2010 to 3rd respondent IGKVV, as the applicable statutory regulations particularly, clause 7.3.0 of the UGC Regulations, 2010, prescribed qualification for the post of Vice-Chancellor and as such, the law laid down by Their Lordships of the Supreme Court in Statesman (supra) sounding a note of caution for this Court to slow in issuing a writ in the nature of quo warranto in unclear case, which aptly and squarely applies to the factual score of the present case, as the petitioner has failed to establish clear infringement of law for the writ claimed in the nature of quo warranto and as such, the petitioner is not entitled for any of the reliefs claimed in the writ petition.
1. Seeking issuance of a writ of quo warranto directing 5th respondent Sanjay Kumar Patil to show cause under what authority he continues to hold the Office of Vice Chancellor, Indira Gandhi Krishi Vishwa Vidyalaya, Raipur, Ashish Kumar Sharma – the petitioner herein, has filed this writ petition.
2. Factual matrix of the case requisite to resolve the controversy is as follows: –
3. The Indira Gandhi Krishi Vishwa Vidyalaya Adhiniyam, 1987 (for short ‘the IGKVV Adhiniyam, 1987’) has been enacted by the State Legislature to establish and incorporate Agricultural University for Krishi Tatha Sambandh Vigyan at Raipur to provide for education and prosecution of research in Agriculture and Allied Sciences, extension and other matters ancillary thereto. “IGKVV” known as Indira Gandhi Krishi Vishwa Vidyalaya, an Agricultural University, constituted by virtue of Section 3 (1) of the IGKVV Adhiniyam, 1987 is a body corporate having perpetual succession and common seal and shall sue and be sued by the said name. Chapter-III of the IGKVV Adhiniyam, 1987 provides for Officers of the University. By virtue of sub-section (2) of Section 11 of the IGKVV Adhiniyam, 1987, the Vice Chancellor shall also be the officer of the University and by virtue of Section 14, the Chancellor of University is appointing authority for the post of Vice Chancellor. Powers and duties of Vice Chancellor has been provided in Section 16 of the said Adhiniyam.
4. The Chancellor of Indira Gandhi Krishi Vishwa Vidyalaya, Raipur (for short ‘the Agricultural University’), in exercise of the power conferred under Section 14 (1) of the IGKVV Adhiniyam, 1987 on 1-11-2011 has appointed 5th respondent as Vice-Chancellor of the Agricultural University and since then 5th respondent is holding the post of Vice-Chancellor of the Agricultural University.
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