Court Rules State Amendments Contravene UGC Regulations 2018 and Parliament's Exclusive Power under Entry 66 of Union List; Orders Fresh Appointment Process
In a landmark judgment dated August 27, 2026, the Himachal Pradesh High Court (Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma) invalidated the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry (Amendment) Act, 2023 and the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Rules, 2026, which amended the procedure for appointing Vice-Chancellors in two state agricultural universities - Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur, and Dr. Yashwant Singh Parmar University of Horticulture and Forestry, Nauni (Solan).
The petitioners, Narender Kumar Sankhyan and others, challenged amendments that provided for the appointment of Vice-Chancellors by the Chancellor on the "aid and advice of the Government" and altered the constitution of the Search-cum-Selection Committee, excluding the University Grants Commission (UGC) nominee and placing the Chief Secretary of the State as Chairperson. Petitioners contended that these amendments violated the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 ("UGC Regulations 2018"), which are mandatory and binding on all universities, including agricultural universities, unless a statutory regulatory authority constituted by Parliament exists.
The Court, after detailed analysis, held that:
1. Legislative Competence and Constitutional Scheme: Parliament has exclusive power under Entry 66 of List I of the Seventh Schedule of the Constitution to legislate on coordination and determination of standards in institutions of higher education. While States have power over agriculture and universities under Entries 14 and 32 of List II, these powers are subject to the Union's entries. Consequently, any State law inconsistent with central legislation on coordination and standards is ultra vires.
2. Binding Nature of UGC Regulations 2018: The UGC Regulations 2018, framed under Sections 26(1)(e), 26(1)(g), and 14 of the UGC Act, 1956, apply mandatorily to all universities, including agricultural universities such as the ones in Himachal Pradesh. Unlike the UGC Regulations 2010, which allowed adoption by States, the 2018 Regulations expressly apply to all universities without option to adopt or reject.
3. ICAR Not a Statutory Regulatory Authority: The Indian Council of Agricultural Research (ICAR), though an autonomous organization under the Societies Registration Act, is not a statutory regulatory authority constituted by Parliament under Article 246. Its Model Act and directives cannot override UGC Regulations. Agricultural universities receiving funding from the Union or ICAR fall within the UGC Regulations' ambit.
4. Invalidity of Amendments and Rules: The amendment to Sections 23 and 24 of the Himachal Pradesh Universities Act, 1986, making the Chancellor act on the aid and advice of the Government in appointing Vice-Chancellors, and excluding the UGC nominee from the Search Committee, directly conflict with the UGC Regulations 2018 and are unconstitutional and void. The Rules framed in 2026 following these amendments are similarly invalid.
5. Role of Chancellor: The Governor, as Chancellor, must act independently in appointing the Vice-Chancellor based on the panel recommended by the Search Committee. The amendments curtailing this independence are unconstitutional.
6. Orders Passed:
- - The Court struck down the Amendment Act 2023 and the 2026 Rules.
- - Quashed the advertisements dated February 26, 2026, inviting applications for Vice-Chancellor posts under the invalidated procedure.
- - Directed the State and Chancellor to conduct a fresh appointment process strictly adhering to UGC Regulations 2018, including the constitution of the Search Committee with a UGC nominee and exclusion of persons connected with the universities. Inclusion of an ICAR nominee is permitted additionally, but not substitution of UGC nominee or alteration of the core constitution.
This judgment reinforces the supremacy of Parliament in determining standards for higher education institutions under Entry 66 and mandates uniform adherence to UGC Regulations 2018 across all universities, including agricultural universities. It clarifies that State legislative competence in agriculture and universities does not empower deviation from centrally prescribed standards and procedures, especially when UGC Regulations have been made mandatory by Parliament.
Bottom Line:
Universities Act - Appointment of Vice-Chancellor in State Agricultural Universities - Amendment to State Act and Rules providing for appointment on aid and advice of Government - ICAR is not a statutory regulatory authority under Article 246 and cannot override UGC Regulations - State cannot encroach upon standards prescribed by UGC under Entry 66 of List I - Amendment not reserved for President's assent and thus invalid - UGC Regulations 2018 mandatory and binding on all Universities including Agricultural Universities - Appointment of Vice-Chancellor must comply with UGC Regulations 2018.
Statutory provision(s):
Articles 246, 254 of the Constitution of India; University Grants Commission Act, 1956 (Sections 12B, 14, 26(1)(e), 26(1)(g)); Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986; Himachal Pradesh Universities of Agriculture, Horticulture and Forestry (Amendment) Act, 2023; Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Rules, 2026; University Grants Commission Regulations, 2018.
