S N COLLEGE Vs. N RAVEENDRAN

JUDGEMENT

(1.) The order of the Kerala University Appellate Tribunal dated 20.6.2001 is under challenge in both these Writ Petitions. O. P. 19556/01 is preferred by the Manager of S. N. College and O. P. 24581/01 is filed by the Principal of S. N. College, Kollam. First respondent herein approached the University Appellate Tribunal challenging the order dated 01/09/2000 by which the second respondent was appointed as the Principal of S. N. College, Kollam. Tribunal allowed the appeals and set aside the order dated 01/09/2000 and gave a direction to appoint the first respondent as Principal of S. N. College, Kollam. Aggrieved by the same these Writ Petitions are preferred.

(2.) S. N. College is a Special Grade College under the management of S. N. Trust. One Prof. Vijayan had occupied the post of Principal of S. N. College, Kollam. While he was on leave the second respondent herein was put in charge of the Principal of S. N. College, Kollam. First respondent herein who at that time serving as Principal of Sree Narayana Guru College, Chelannur filed O. P. No. 12665/2000 seeking a direction to the Management to appoint him as Principal of S. N. College, Kollom. Writ Petition was disposed of by this Court on 27.6.2000 directing the management to appoint a duly qualified and suitable incumbent to the post of Principal, S. N. College, Kollam within a period of six weeks from the date of receipt of copy of the judgment. Management therefore passed order dated 01/09/2000 promoting the second respondent as Special Grade Principal and posted in the same college. It is that order which was challenged before the Tribunal.

(3.) Counsel appearing for the first respondent Sri. R. Krishna Raj submitted that University Appellate Tribunal was justified in interfering with the order passed by the Management dated 01/09/2000 by which the second respondent was promoted and appointed as Principal of the Special Grade S. N. College, Kollam. According to him the second respondent does not possess the requisite qualification as laid down in the UGC Scheme of 1998 so as to be appointed as Principal of the Special Grade College. Counsel submitted the UGC Scheme of 1998 was implemented by Government of Kerala as per GO (P) No. 171 / H Edn. dated 21/12/1999 by which the qualification prescribed for appointment as Principal of Special Grade College is a Masters Degree with atleast 55% marks with Ph.D. or its equivalent qualification with a total experience of 15 years of teaching / research. According to him second respondent did not possess the said qualification. According to the counsel, after the implementation of UGC Scheme 1998 all the college teachers of private colleges are being paid salary in the pay scale of private teachers prescribed in the UGC Scheme of 1998. The payment in the pay scale prescribed by the UGC Scheme of 1998 is effected since UGC Scheme of 1998 was implemented by notification dated 21/12/1999. Counsel made reference to a letter dated 25/11/1999 issued by the University Grants Commission wherein it was stated that Ph.D. shall remain as the essential qualification for appointment as Principal though those qualifications are not applicable to the incumbents who were appointed as Principals prior to 24/12/1998. Reference was also made to statement made by UGC in CCC 721/2000 wherein it has been categorically stated by the University Grants Commission that in the event of the failure of the University to comply with the UGC Regulations, the UGC can initiate action under the provisions of S.14 of the UGC Act, 1956 withholding from the University the grants proposed to be made out of the fund of the commission.