Published on: 11 November 2022 at 12:59 IST
Court – Supreme Court of India
Citation – Sreejith P.S. v/s Rajasree M.S. (2022)
Hon’ble Supreme Court of India has held that while considering the appointment contrary to the University Grants Commission Regulations shall be void ab initio. It is further held that the UGC Regulations shall become part of the statute framed by Parliament and, therefore, shall prevail by virtue of Article 13 of the Constitution of India.
Para – 24
In view of the above two binding decisions of this Court, any appointment as a Vice Chancellor made on the recommendation of the Search Committee, which is constituted contrary to the provisions of the UGC Regulations shall be void ab initio.
If there is any conflict between the State legislation and the Union legislation, the union law shall prevail even as per Article 254 of the Constitution of India to the extent the provision of the State legislation is repugnant.
Therefore, the submission on behalf of the State that unless the UGC Regulations are specifically adopted by the State, the UGC Regulations shall not be applicable and the State legislation shall prevail unless UGC Regulations are specifically adopted by the State cannot be accepted.
Drafted By Abhijit Mishra
Key Words – University Grants Commission, State Legislation.