Himachal high court strikes down state’s role in agri university V-C picks

The Himachal Pradesh High Court ordered a fresh selection process for appointing vice-chancellors to two agricultural universities in the state, strictly under UGC norms.

Himachal Pradesh High Court V-C appointmentThe high court ordered that the amended provisions to the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act be 'struck down, quashed and set aside'. (File Photo)

The Himachal Pradesh High Court on Thursday allowed two petitions challenging amendments to the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986, and struck down provisions that gave the state government a decisive role in appointing vice-chancellors (V-Cs) of the state’s agricultural universities. The court also held that a 2025 amendment to the Act was unconstitutional and ordered a fresh selection process for two V-Cs strictly under University Grants Commission (UGC) norms.

A division bench of Justices Vivek Singh Thakur and Ranjan Sharma passed the judgment while hearing petitions filed by Narender Kumar Sankhyan and Sanjeev Kumar Chauhan. They challenged the amendments relating to the appointment of vice-chancellors of Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur, and Dr Yashwant Singh Parmar University of Horticulture and Forestry, Nauni.

The court held that the 2025 amendment to Section 23(4)—it inserted the words “on the aid and advice of the government”, and substituted Section 24 of the principal Act to subordinate the appointment of vice-chancellor to the aid and advice of the state government—was beyond the state’s legislative competence.

In a 109-page order, the bench categorically held that the amendment was “in violation of the UGC Regulations, 2018” and declared it “ultra vires the Constitution of India and the University Grants Commission Act, 1956.” It accordingly ordered that the amended provisions be “struck down, quashed and set aside”.

The court also invalidated Rules 2, 3 and 4 of the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Rules, 2026, notified on January 6, 2026. The bench found these provisions repugnant to and in direct conflict with Regulation 7.3 of the UGC Regulations, 2018, holding them to be beyond the competence of the state legislature and declaring them “illegal, ultra vires, void ab initio”.

Begin fresh V-C recruitment process: Court

The court quashed the advertisements dated February 26, 2026, inviting applications for the vice-chancellor posts in the two universities. It also directed the state and the chancellor to “initiate and complete a fresh process expeditiously” for selection and appointment of the vice-chancellors.

“The respondent-State and the Chancellor are directed to initiate and complete a fresh process expeditiously in the interest of Universities for the selection and appointment of the Vice-Chancellor in both Universities strictly in accordance with the eligibility criteria, composition of the Search-cum-Selection Committee, including the nominee of the Chairman, UGC, and exclusion of persons connected with the University and procedures mandated under Clause 7.3 of the UGC Regulations, 2018, but with insertion of nominee of ICAR, in addition, if so desired/required,” the bench said.

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The court also specifically directed that the committee must include the nominee of the UGC chairman and exclude persons connected with the university. At the same time, it permitted the inclusion of an I-CAR nominee, if desired or required.

The bench concluded that both writ petitions stood allowed and disposed of, along with pending miscellaneous applications.

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

 

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