'Frivolous': High Court Imposes 25K Cost On PIL Challenging Dr. Anula Morya's Appointment As VC Of Rajasthan Sanskrit University

The petitioner argued that Dr. Morya does not possess statutorily prescribed experience of teaching the post graduate classes for a period of ten years, and therefore, has illegally usurped the public office of Vice Chancellor.

In this regard, the petitioner placed reliance on UGC regulations called the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010) Regulations 2010 as also the Jagadguru Ramanandacharya Rajasthan Sanskrit University, Jaipur (Amendment Ordinance), Ordinance 2018.

Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain, ruled,

"This petition, if we may say so, not only lacks proper pleadings but also on the face of it is frivolous. Therefore, we are not inclined to issue notice in this petition and dismiss the same with the cost of Rs.25,000/-."

The court observed that the petitioner's pleadings do not satisfy even on the prima facie basis that Dr. Morya does not possess the minimum eligibility criteria prescribed under the UGC Regulations.

It was observed by the court that the entire basis of petitioner's case has been that Dr. Morya has not acquired the teaching experience in the post graduate college. In this regard, the court opined that it did not find such a legal requirement either in the Regulations or in Ordinance.

Further, the court also stated,

"Learned counsel for the petitioner however has submitted that the respondent No.5 was not even qualified to be appointed as Professor. There has been no challenge to the appointment of respondent No.5 as Professor, therefore, such argument cannot be allowed to stand while entertaining challenge to the appointment of respondent No.5 as Vice-Chancellor."

Adv. Prashrut Sharma appeared on behalf of Adv. U.P. Gaur.

Case Title: Bharat Sharma v. State Of Rajasthan

Citation: 2022 LiveLaw (Raj) 155