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The Himachal Pradesh High Court 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.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma passed the judgement on a batch of writ petitions filed by Narender Kumar Sankhyan and Sanjeev Kumar Chauhan challenging the amended selection process for the 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 Vice-Chancellors. The High Court held that the UGC Regulations, 2018, framed under Entry 66 of List I of the Seventh Schedule to the Constitution, 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, observing that the arrangement was inconsistent with UGC requirements concerning the independence and composition of the committee and the absence of a direct administrative connection with the university concerned. 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 High Court 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. In view of its findings, the Bench quashed the February 26, 2026, recruitment advertisements issued by both universities for the appointment of Vice-Chancellors. The court directed that any fresh selection process for the posts must be conducted strictly in accordance with the applicable UGC Regulations, 2018. The judgement effectively invalidates the State's amended mechanism for selecting Vice-Chancellors at the two agricultural and horticultural universities and restores the primacy of the UGC framework in matters covered by the central regulations. (ANI)
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