IN THE SUPREME COURT OF INDIA

CIVIL APPELLLATE JURISDICTION

S.L.P (C) No. 2543 OF 2023

IN THE MATTER OF:

GANESH DIGAMBER & ORS. … PETITIONERS
VERSUS
STATE OF ODISHA & ORS. ... RESPONDENTS

INDEX

Sl. No Particulars Pages

1. Counter Affidavit on behalf of
Respondent-5/UGC

New Delhi
Date: . 07.2023

Drawn by: Filed by:

Manoj Ranjan Sinha
Counsel for Respondent No.4 - UGC
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLLATE JURISDICTION
S.L.P (C) No. 2543 OF 2023

IN THE MATTER OF:

GANESH DIGAMBER & ORS. … PETITIONERS
VERSUS
STATE OF ODISHA & ORS. ... RESPONDENTS

COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT

NO. 5 - UNIVERSITY GRANTS COMMISSION

I, _________________, __________________, University

Grants Commission, Bahadur Shah Zafar Marg, New Delhi –
110002, do hereby solemnly affirm and declare as under : -

1. That I am working as _________________ in the University

Grants Commission [hereinafter referred to as “the UGC”]
herein and as such, I am conversant with the facts and
circumstances of the instant case and hence, am competent
to swear the instant affidavit.

2. That I have read a copy of the aforesaid Special Leave

Petition and having understood the contents thereof, my
reply to them is as under.

3. That the Petitioner has filed the instant Special Leave

Petition against impugned final Judgment and order dated
20.09.2022 passed by the Hon’ble High Court of Judicature
at Bombay Bench at Aurangabad in Writ Petition No. 4546
of 2016 whereby the Hon’ble High Court dismissed the Writ
Petition filed by the Petitioner.
4. That, it is most respectfully submitted that the UGC has
been constituted under the provisions of the University
Grants Commission Act, 1956 which came into force w.e.f.
05.11.1956. The Act was enacted to make provisions for the
co-ordination and determination of standards in universities.

5. That, the UGC under the Act has been entrusted with the
duty to take such steps as it may deem fit for the promotion
and co-ordination of the universities and for the
determination and maintenance of standards of teaching,
examination and research in universities.

6. That, the UGC is also authorized to perform such other

functions as may be prescribed or as may be deemed
necessary by the UGC for advancing the cause of higher
education in India or as may be incidental or conducive to
the discharge of its functions. Section 26 of the UGC Act,
1956 further, gives powers to the UGC to make regulations
consistent with the Act for the above said purpose.

7. That, it is most respectfully submitted that the UGC, in

exercise of the powers conferred under Section 26(1) of the
Act, framed the UGC Regulations on Minimum
Qualifications for Appointment of Teachers and Other
Academic Staff in Universities and Colleges and Measures
for the Maintenance of Standards in Higher Education, 2018
(hereinafter called ‘the 2018 Regulations’).

8. That, it is most respectfully submitted that the UGC

Regulations and amendments from time to time have been
issued after detailed deliberations by expert Committees and
are mandatory in nature. This is emphasized in Clause 1.2
 (Short title, application and commencement) and Clause 1.2
(Minimum qualification for the posts of Senior Professor,
Professors and Teachers and other Academic staff in
Universities and Colleges and revision of Pay Scales and
Other Service Conditions pertaining to such posts) under
UGC Regulations, 2018.

Clause 1.2 (Short title, application and commencement)

These shall apply to every University established or
incorporated by or under a Central Act, Provincial Act or
State Act, every Institution including a Constituent or
affiliated College recognized by the Commission, in
consultation with the University concerned under clause (i)
of Section 2 of the University Grant Commission Act, 1956
and every Institution deemed to be a University under
Section 3 of the said Act.

Clause 1.2 (Minimum qualification for the posts of Senior

Professors, Professors and Teachers and other Academic
staff in Universities and Colleges and revision of Pay Scales
and Other Service Conditions pertaining to such posts)
Every university or institution deemed to be University, as
the case may be, shall as soon as may be, but not later than
within six months of the coming into force of these
Regulations, take effective steps for the amendment of the
statutes, ordinances or other statutory provisions governing
it, so as to bring the same in accordance with these
Regulations.

9. That, it is future most respectfully submitted that Section 28

of the UGC Act, 1956.

Section 28: Laying of rules and regulations before

Parliament.

Every rule and every regulation made under this Act shall be
laid, as soon as may be after it is made, before each House of
Parliament while it is in session, for a total period of thirty
days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the
session immediately following the session, or the successive
sessions aforesaid, both Houses agree in making any
modification in the rule or regulation or both Houses agree
that the rule or regulation should not be made, the rule or
regulation shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without
 prejudice to the validity of anything previously done under
that rule or regulation.

The UGC Regulations therefore cannot be disregarded. The

Orissa University (Amendment) Act of 2020 is not in
conformity with the UGC Act and Rules framed thereunder.

10. That, it is most respectfully submitted that the UGC

Regulations 2018 have been framed in order to maintain
uniformity, consistency in the standards of higher education
across the country and ensure a level playing field for all
candidates. The UGC Regulations 2018 have been notified
after following due process of law and taking into
consideration the larger public interest and the need for
maintaining quality in higher education, reliance is placed
on the decision on the Hon’ble Supreme Court in the case of
Annamalai University vs. Secretary to Government,
Information and Tourism Department and Others, (2009) 4
SCC 590, whereby Hon’ble Apex Court held that the
provision of UGC Act are binding on all the Universities
whether conventional or open.

11. That, it is most respectfully submitted that the Orissa

University Act of 2020 amendment to the Act, is repugnant
to the provisions of the UGC Act.

12. That, it is also respectfully submitted that this Hon’ble court

in the case of [(2015) 6 SCC 363] Gambhirdan K. Gadhvi v.
State of Gujarat and Ors. have held :-

“16. It cannot be disputed that UGC Regulations are enacted

by the UGC in exercise of power under Section 26(1)(e) and
26(1)(g) of UGC act, 1956. Even as per the UGC act every
rule and regulation made under that said Act, shall be laid
before each House of Parliament. Therefore, being a
subordinate legislations, UGC Regulation becomes part of
 the Act. In case of any conflict between State legislations and
Central legislations, Central legislations shall prevail by
applying the rule/principle of repugnancy as enunciated ‘in
Article 254 of Constitution as the subject ‘education’ is in the
Concurrent List (List III) of the Seventh Schedule of the
Constitution. Therefore, any appointment as a Vice
Chancellor contrary to the provisions of the UGC Regulation
can be said to be in violation of the statutory provision,
warranting a writ of quo warranto.”

13. That, in the view of the above, it is humbly submitted that

the judgment of the Hon’ble High Court of the Orissa is not
sustainable in the eyes of law as it's has failed to consider
the question of legislative competence of the State to enact a
law which is repugnant to the UGC Act, 1956 and it's
regulations.

14. That the facts stated in the above affidavit are true to best of
my knowledge and have been derived from the records of
the case. No part of the same is false and nothing material
has been concealed therefrom.

15. That no new facts which were not pleaded before the court
below have been pleaded in this counter affidavit.

DEPONENT

VERIFICATION
I, the above named deponent, do hereby verify that the facts
stated in the above affidavit are true to my knowledge. No
part of the same is false and nothing material has been
concealed therefrom.
Verified at New Delhi on this the day of July, 2023.
DEPONENT