Section 10 in The Yashwantrao Chavan Maharashtra Open University Act, 1989
10. Vice-Chancellor.
- [(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder:-(a)There shall be a Committee, consisting of the following members to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely:-(i)a member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the filed of education;(ii)the Principal Secretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government, nominated by the State Government;(iii)the Director or Head of an institute or organisation of national repute, such as Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, Indian Space Research Organisation or National Research Laboratory, nominated by the Board of Management and the Academic Council, jointly, in the manner specified by the State Government by an order published in the Official Gazette.(b)The member nominated shall be the Chancellor shall be the Chairman of the Committee;(c)The members nominated shall be the persons who are not connected with the University;(d)No meeting of the Committee shall be held unless all the three members of the Committee are present(1A)The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor. The Chancellor however, may, extend such time limit if in the exigency of the circumstances it is necessary so to do, so however that the period so extended shall no exceed three months in the aggregate.(1B)The term of the Vice-Chancellor, his emoluments and other conditions of service, shall be such as may be prescribed by the Statutes.(1C)The Committee shall recommend a panel of not less than five suitable persons for the consideration, of the Chancellor for being appointed as the Vice-Chancellor. The names so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write up on suitability of each person included in the panel.(1D)A person for being recommended by the Committee for appointment as a Vice-Chancellor shall,-(a)be an eminent academician or an administrator of high caliber;(b)be able to provide leadership by his own example;(c)be able to provide vision and have ability to translate the same in to reality in the interest of students and society; and(d)possess such educational qualifications and experience as may be specified by the Government, by an order published in the Official Gazette, in consultation with the Chancellor.(1E)The eligibility conditions and the process for recommendation of names of appointment as Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates.(1F)If the Chancellor does not approve of any of the persons recommended under sub-section (1C), he may constitute the Committee if he deems fit and call for fresh recommendations.] [[These sub-sections were substituted for sub-section (3), by Maharashtra 14 of 2009, section 2, (w.e.f. 25-5-2009).Substituted sub-section reads as follows-(1)The Vice-Chancellor shall be appointed by the Chancellor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.]](2)The Vice-Chancellor shall be the principal academic and executive Officer of the University, and shall exercise supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.(3)Notwithstanding anything contained in this Act, the Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter in its next meeting:Provided that, if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final:Provided further that, any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of Management may confirm, modify or reverse the action taken by the Vice-Chancellor.(4)Notwithstanding anything contained in this Act, the Vice-Chancellor, if he is of the opinion that any decision of any authority is beyond the powers of the authority conferred on it by the provisions of this Act, Statutes or Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part as directed by the Vice-Chancellor or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Chancellor whose decision thereon shall be final:Provided that, the decision of the authority concerned shall remain suspended during the period or review of such decision by the authority or the Chancellor, as the case may be, under this sub-section.(5)The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances.
