Document Fragment View

Matching Fragments

(Order of the Court was made by P.D. AUDIKESAVALU, J.) Since the present Writ Petitions relate to the same controversy and are inter-connected, they have been heard together and are disposed by this common order.

2. The Legislative Assembly of the Union Territory of Puducherry, which has been conferred with powers to legislate on subjects in Lists II and III of Schedule VII of the Constitution, has enacted the Puducherry Technological University Act, 2019 (hereinafter referred to as 'the PTU Act' for short), that came into force with effect from 24.06.2020 establishing the Puducherry Technological University (hereinafter referred to as 'PT University' for short) under Section 3 of that Act. In terms of Section 14 of the PTU Act, the Vice-Chancellor of PT University has to be appointed from among the panel of three names of persons recommended by a 'Search Committee' referred to in Section 14(5) of the PTU Act and such a panel shall not contain any https://www.mhc.tn.gov.in/judis W.P. Nos. 28147 of 2022 and 4174 of 2023 member of the 'Search Committee'. For the purpose of Section 14(5) of the PTU Act, the 'Search Committee' shall consist of following members to recommend the names for the appointment as Vice-Chancellor, namely:-

Governors For the appointment of First Vice-Chancellor, Secretary to Government (Higher and Technical Education), Government of Puducherry shall be the member in place of the nominee of Board of the Governors.” The Government of Puducherry by G.O. Ms. No. 03, Chief Secretariat (Higher and Technical Education) dated 20.01.2021 constituted a 'Search Committee' under Section 14(5) of the PTU Act for selection of the First Vice-Chancellor of PT University with the following nominees:-

https://www.mhc.tn.gov.in/judis W.P. Nos. 28147 of 2022 and 4174 of 2023

(c) The Secretary to Government .. Member; (Higher and Technical Education), Government of Puducherry.

In furtherance to the recommendations made by the 'Search Committee' of PT University, Dr. S.Mohan was appointed as its Vice-Chancellor by Proceedings No. 37/RUSA/PSHEC/PTU/ 2021/1052 dated 17.12.2021 issued by the Secretary to Government (Education), Government of Puducherry for a period of five years, or till he attains the age of superannuation as specified by the University Grants Commission (hereinafter referred to as 'the UGC' for short) from time to time, whichever is earlier.

(b) The word “assent” used in clause (2) of Article 254 would in context mean express agreement of mind to what is proposed by the State.

(c) In case where it is not indicated that “assent” is qua a particular law made by Parliament, then it is open to the Court to call for the proposals made by the State for the consideration of the President before obtaining assent.” Viewed from this perspective, the Government of Puducherry has not placed any material before the Court to show that the assent of the President has been obtained for the PTU Act with specific reference to the inconsistency of Section 14(5) of the PTU Act with Regulation 7.3 of the UGC Regulations, 2018 that requires a nominee of the Chairman of the UGC to constitute the 'Search Committee' for the appointment of the Vice-Chancellor of PT University.