The Himachal Pradesh High Court has temporarily suspended an order that assigned the duties of the Himachal Pradesh University (HPU) Vice-Chancellor, during his absence abroad, to the Dean of Studies and the Registrar, bypassing the Pro Vice-Chancellor.
Information was available with The Chenab Times that the order, issued by the Chancellor of HPU, had designated Professor B K Shivram, Dean of Studies, and Jyoti Rana, Registrar, to handle the Vice-Chancellor’s responsibilities. The court’s decision came after hearing a petition filed by Professor Rajinder Verma, the Pro Vice-Chancellor, who argued that despite his three-year tenure having expired, he continued to hold the office due to the absence of a successor.
The court, presided over by Justice Sandeep Sharma, noted that Professor Verma was appointed Pro Vice-Chancellor on June 3, 2023, and assumed charge on June 7, 2023. While his term was slated to conclude on June 6, 2026, the proviso to Section 12-D(2) of the HPU Act stipulated that he would continue in office if no successor was appointed. The court observed that university notifications dated June 7, 2023, which mandated that matters be brought before the Vice-Chancellor through the Pro Vice-Chancellor post the expiry of Professor Verma’s tenure, were not being adhered to. Furthermore, Professor Verma was reportedly not being invited to meetings of the university’s statutory bodies and authorities, despite continuing to hold his position.
The High Court asserted that there was no provision within the HPU Act that prevented a Pro Vice-Chancellor, who was continuing to hold office, from performing the duties associated with their post. The court found that the assignment of the Vice-Chancellor’s duties to the Dean of Studies and the Registrar was not permissible under Section 12-D(2) of the Act, which deals with the powers and functions of university officers.
The university has been granted two weeks by the court to submit its response to the petition. The interim order from the court mandates that the impugned office order shall remain in abeyance until the next hearing. Professor Verma has been directed to continue performing the duties of the Pro Vice-Chancellor as he had been doing prior to the expiration of his stipulated tenure.
The Himachal Pradesh University Act, 1979, outlines the administrative and academic structure of the institution. Section 12-D specifically addresses the appointment and functions of the Pro Vice-Chancellor. The Act provides for the appointment of a Pro Vice-Chancellor to assist the Vice-Chancellor in the discharge of their duties and to perform such functions as may be assigned. The tenure of the Pro Vice-Chancellor is generally fixed, but provisions exist for their continuation in office in the absence of a successor to ensure the smooth functioning of the university administration.
Disputes regarding the appointment, tenure, and powers of university officials are not uncommon in higher education institutions. These often revolve around interpretations of university acts, statutes, and ordinances, and can lead to legal challenges. The role of the Pro Vice-Chancellor is crucial, particularly during the absence or incapacitation of the Vice-Chancellor, as they are expected to maintain the continuity of university operations. The court’s intervention in this matter highlights the importance of following established legal procedures and administrative protocols within the university framework.
The case raises questions about the process of appointing successors for key university positions and the implications of delays in such appointments. The continuation of Professor Verma in his role underscores the legal principle that an incumbent official typically remains in office until a successor is duly appointed. The High Court’s stay order aims to uphold this principle and ensure that administrative decisions are made in accordance with the law and the university’s governing statutes.
The legal fraternity and academic circles in Himachal Pradesh will be closely watching the developments in this case. The High Court’s final judgment is expected to provide clarity on the interpretation of relevant sections of the HPU Act and set a precedent for future administrative appointments and assignments within the university. The university administration’s response will be critical in determining the future course of action and resolving the administrative impasse.
The current Vice-Chancellor of Himachal Pradesh University is on a foreign tour, necessitating the delegation of his duties. However, the method of delegation, specifically bypassing the Pro Vice-Chancellor, has led to the current legal scrutiny. The court’s emphasis on the provisions of the Act and the existing notifications indicates a need for adherence to the established hierarchy and procedures within the university’s governance structure. The matter is scheduled for further hearing, during which both parties are expected to present their arguments in detail.
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The Chenab Times News Desk
