HC strikes down Sukhu govt’s VC appointment amendment
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HC strikes down Sukhu govt’s VC appointment amendment
Shimla, Aug 27,
Striking down the provision of welding more power over Governor to State government, Division Bench of the Himachal Pradesh High Court has quashed the amendment made by the Sukhu government altering the statutory framework for appointment of Vice-Chancellors in the state’s agricultural universities and quashed the consequential advertisements issued for the VC posts at Palampur and Nauni.
The judgment was delivered by Justice Vivek Singh Thakur and Justice Ranjan Sharma in CWP No. 4259 of 2026 and CWP No. 5087 of 2026. The petitions challenged the amendments to the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986, the Rules of 2026 and advertisements dated February 26, 2026, inviting applications for the two VC posts.
The amendment had changed the role of the Chancellor by providing that the Vice-Chancellor would be appointed by the Chancellor “on the aid and advice of the Government.” The new framework also empowered the State Government to constitute the Search-cum-Selection Committee and select a candidate from the panel recommended by it.
The Division Bench held that this arrangement was in conflict with the UGC Act and the UGC Regulations, 2018. Under the UGC framework, the Search-cum-Selection Committee is to be constituted by the Chancellor and its recommendations are to go to the Chancellor, who makes the appointment from the panel.
The Court also found that the committee constituted under the 2026 Rules did not include the mandatory nominee of the Chairman, UGC. It further held that the Chief Secretary, appointed as Chairman of the committee, had a direct connection with the universities and was therefore ineligible under Regulation 7.3.
In the operative portion of the judgment, the Court declared the impugned amendment illegal and ultra vires to the extent it subordinated the Chancellor’s power to the aid and advice of the State Government. It further declared Rules 2, 3 and 4 of the 2026 Rules illegal, ultra vires and void ab initio, and struck them down.
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The Division Bench also quashed the February 26 advertisements for appointment of Vice-Chancellors at the Palampur and Nauni universities.
The State Government and the Chancellor have been directed to initiate a fresh selection process expeditiously, strictly in accordance with Regulation 7.3 of the UGC Regulations, including a nominee of the UGC Chairman and exclusion of persons connected with the concerned university. The Court has, however, permitted an ICAR nominee in addition to the UGC nominee, if considered necessary or desirable.
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