ANNAMALAI UNIVERSITY REP Vs. SECY TO GOVT INFN

JUDGEMENT

(1.) Interpretation and application of the University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 (for short, "1985 Regulations") framed by the University Grants Commission (for short, "UGC") in exercise of its powers conferred by Clause (f) of Sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (for short, "the UGC Act") vis- '-vis the provisions of the Indira Gandhi National Open University Act, 1985 (for short, "the Open University Act") is in question in these appeals. They arise out of a common judgment and order dated 4.2.2008 passed by a Division Bench of the High Court of Judicature at Madras in Writ Appeal Nos. 1221 of 2005 and 82 of 2006 and Writ Petition No. 36307 of 2004.

(2.) Indisputably, N. Ramesh (Ramesh) and Sibi Madan Gabriel (Gabriel) were candidates for appointment to the post of Principal in Film and Television Institute (for short, "the Institute") of Tamil Nadu. Gabriel was appointed temporarily as a 'Lecturer in Acting in the Institute on or about 26.5.1982. His services were regularized with retrospective effect from the date of his joining by an order dated 20.2.1992. He was subsequently promoted as Head of Section by G.O.Ms. No. 236 dated 17.8.1993. The next avenue of promotion from the post of Head of Section is the post of Principal in the Institute. In the year 2000, Ramesh was given the additional charge to the post of Principal. Gabriel filed an Original Application before the Tamil Nadu Administrative Tribunal (for short, "the Tribunal"), which was marked as O.A. No. 5275 of 2000 questioning the legality of the said appointment on the ground that Ramesh did not have the requisite essential educational qualification for the post of Principal.

(3.) The Tribunal, by its judgment and order dated 14.8.2000, directed the State to consider the objections of Gabriel having regard to the qualifications prescribed for the said post vis- '-vis those possessed by Ramesh. The challenge to the qualification of Ramesh was that he did not possess a basic graduation degree and, thus, the post-graduation degree conferred on him by appellant - University is invalid in law. At that stage, the State appointed one Mr. K. Loganathan, which was challenged by Ramesh by way of O.A. No. 2085 of 2003 before the Tribunal. Said application was dismissed by the Tribunal by reason of an order dated 5.1.2004. Ramesh challenged the said order of the Tribunal by filing a writ petition marked as Writ Petition No. 841 of 2004, which had become infructuous as after retirement of said Mr. K. Loganathan, Ramesh was appointed as the Principal by order dated 6.12.2004. Gabriel challenged the said appointment of Ramesh by filing Writ Petition No. 36307 of 2004.