RAMESH Vs. SIBI MADAN GABRIEL

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 cl.(f) of sub-s.(1) of S.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.) INDISPUTABLY, the said decision of the Division Bench of the High Court had been challenged in this Court by way of Civil Appeal No. 3178 of 2007, which by reason of a judgment and order dated 20.7.2007 was disposed of by remanding the matter to the High Court for fresh consideration observing that UGC as well as appellant - University should be impleaded as parties in the writ petition.