Court holds specific UGC-based eligibility criteria for Management faculty prevail over general Commerce faculty norms; appointments declared valid as Selection Committee complied with statutory provisions.
In a significant judgment delivered on October 12, 2026, the Allahabad High Court (Division Bench, Lucknow) quashed the order passed by the Chancellor of Lucknow University that had canceled the appointments of two Associate Professors in the Department of Business Administration. The case arose from the Chancellor's exercise of power under Section 68 of the U.P. State Universities Act, 1973, which led to annulment of appointments on the ground that the selected candidates allegedly did not fulfill the general eligibility criteria requiring evidence of guiding doctoral candidates and research students.
The petitioners, Dr. Himanshu Mohan and Dr. Sangeeta Sahu, had been appointed as Associate Professors in the Department of Business Administration under the Faculty of Commerce at Lucknow University after a selection process conducted in early 2016. The Chancellor's cancellation order followed a representation by an unsuccessful candidate, Dr. Ritu Narang, alleging procedural irregularities in the selection and non-compliance with eligibility criteria.
The crux of the dispute lay in the applicable eligibility qualifications under the University's "First Statutes." The Chancellor relied on the general eligibility provisions prescribed for the Faculty of Commerce under Statute 11.03.04(A) read with Statute 11.03.01, which mandated proof of guiding doctoral students as a minimum qualification. The petitioners, however, were selected based on Statute 11.03.04(G), a specific provision incorporated into the University's Statutes effective December 3, 2013, pursuant to the University Grants Commission (UGC) Regulations, 2010. This statute specifically governs the selection and appointment of teachers in Management and Business Administration disciplines.
The Division Bench comprising Justices Alok Mathur and Amitabh Kumar Rai extensively examined the interplay between these provisions. The Court underscored that Statute 11.03.04(G), being a specific enactment aligned with the UGC's 2010 Regulations incorporated under Section 50(6) of the U.P. State Universities Act, 1973, prevails over the general eligibility criteria of Statute 11.03.01 applicable to other faculties. It held that the Department of Business Administration, though administratively under the Faculty of Commerce at the time, is academically a Management discipline. Therefore, the minimum qualifications prescribed under the Management-specific statute must be followed.
The Court further noted that the Selection Committee had conducted the recruitment precisely based on the eligibility criteria under Statute 11.03.04(G) and had not required the petitioners to submit evidence of having guided doctoral candidates, which is not mandated under the said statute but was required under the general Commerce faculty statute. Since the petitioners had complied with the specific qualifications and even annexed supporting documents to their petitions, the Court held that the cancellation order was founded on a misconceived understanding of the law and facts.
Significantly, the Court observed that the University itself had taken the stand before the Chancellor that the selections were made in accordance with Statute 11.03.04(G), thus precluding it from adopting a contrary position before the High Court. The Court emphasized the mandatory nature of the UGC Regulations, 2010, and the statutory amendment incorporating them into the University Statutes, stating that no selection in Management/Business Administration posts could be made contrary to those qualifications.
In conclusion, the Allahabad High Court allowed the writ petitions filed by Dr. Himanshu Mohan and Dr. Sangeeta Sahu, quashed the Chancellor's order dated November 27, 2017, and directed that the petitioners are entitled to all consequential benefits arising from their selection and appointment as Associate Professors. The judgment reaffirms the primacy of specific statutory qualifications in academic recruitments and safeguards the procedural sanctity of university appointments under the prevailing regulatory framework.
Bottom Line:
University service - Appointment of Associate Professors in Business Administration - Specific eligibility qualifications under UGC Regulations, 2010 as incorporated in First Statutes of Lucknow University by Statute 11.03.04(G) prevail over general eligibility criteria under Statute 11.03.01/11.03.04(A) - Chancellor erred in cancelling appointments under Section 68 of U.P. State Universities Act, 1973 on ground that selected candidates had not furnished proof of guiding doctoral candidates/research students - When Selection Committee proceeded on basis of specific statute and did not require such documents, selection could not be annulled.
Statutory provision(s): U.P. State Universities Act, 1973 Sections 50(6), 68; University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education) Regulations, 2010; Lucknow University First Statutes 11.03.04(G), 11.03.04(A), 11.03.01
