'Law unconstitutional': High court quashes VC appointment rules
Shimla, Aug. 28 -- The Himachal Pradesh High Court has struck down provisions that gave the state government a decisive role in appointing vice-chancellors (VCs) of the state's agricultural universities.
The HC has declared the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry (Amendment) Act, 2023, and the Rules framed under it in 2026 unconstitutional and void ab initio, holding that provisions governing the appointment of vice-chancellors directly conflict with the mandatory University Grants Commission (UGC) Regulations, 2018.
The court also held that a 2025 amendment to the Act was unconstitutional and ordered a fresh selection process for two VCs strictly under University Grants Commission (UGC) norms.
The directions were passed by the division bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma while allowing writ petitions filed by Narender Kumar Sankhyan and Sanjeev Kumar Chauhan challenging the amended selection process for appointment of vice-chancellors at Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya (CSKHPKV), Palampur, and Dr Yashwant Singh Parmar University of Horticulture and Forestry, Solan.
The petitioners had also challenged advertisements issued by the two universities on February 26, 2026, inviting applications for the posts of VCs. The HC held that the UGC Regulations, 2018, have statutory force and would prevail over inconsistent provisions of state legislation by virtue of Article 254 of the Constitution.
A key issue before the court was the composition of the Search-cum-Selection Committee. The bench held that the state's decision to exclude a nominee of the UGC chairman and alter the prescribed composition of the committee was contrary to the mandatory UGC framework.
The court also found fault with the appointment of the chief secretary of the state as chairperson of the Search-cum-Selection Committee,.
The state had sought to justify the amended framework by relying on the role of the Indian Council of Agricultural Research (ICAR) in regulating agricultural universities.
Rejecting the argument, the HC observed that ICAR is a registered society and not a statutory authority created by an Act of Parliament under Article 246. Consequently, its guidelines could not override statutory UGC Regulations applicable to the appointment process....
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