No coercive steps to remove Gujarat Vidyapith V-C till April 5: HC to UGC

The notice was issued Tuesday, by the court of Justice Biren Vaishnav on the day when a meeting of trustees of Gujarat Vidyapith was scheduled at its campus in Gandhinagar’s Randheja to deliberate on the UGC directives along with other pending university issues.

The court was informed of the same by the advocate Mehul Vakharia who appeared on behalf of the University and stated that pursuant to the directions of the UGC, apart from other agendas at the meeting, was the agenda in context of the mandate given by the UGC.

The UGC, in its 554th meeting, that was presided over by the then chairman Prof Dhirendra Pal Singh on November 25,2021 had resolved “to direct the Chancellor of Gujarat Vidyapith” to remove Khimani as Vice-Chancellor with immediate effect.

The commission considered the report of the UGC Committee constituted to look into the appointment of Dr Khimani and observed “there are procedural lapses in the appointment of Dr Rajendra Khimani as Vice-Chancellor of Gujarat Vidyapith” and the fact finding committee of UGC constituted separately has found that “Dr Rajendra Khimani was also responsible for certain lapses in the administrative and financial functioning of the Gujarat Vidyapith as Registrar during the period from 01.04.2004 to 30.04.2019”.

As per the minutes of this meeting, the Commission further resolved that “failing to comply with the directions of the Commission would attract penal action in accordance with the UGC Act, 1956 and the UGC (Institutions Deemed to be Universities) Regulations, 2019, including that of withholding of grants’.

The court observed that looking to the mandate, “The university is left with nothing but fait accompli in as much as, take a decision to remove the Vice-Chancellor or face withholding of grants”.

“The Vice-Chancellor is a whole time salaried officer of the institution. Provisions of Regulation 10.12.3.E(f) provides for powers for removal of the Vice-Chancellor if in the perception of the UGC he does not possess the qualification as required under the regulations… Reading the minutes of the meeting that are reproduced hereinabove, it can safely be inferred that the UGC has issued a mandate to the University, that the petitioner be removed as Vice-Chancellor with immediate effect. It further provides that if the University fails to comply with the directions, the UGC will be compelled to withhold the grant of the University. Prima facie, this indicates that the University is left with no choice but to remove the Vice-Chancellor without “following the due process” which would at least require following the basic principles of natural justice”, the court order said.