PAUL K MATHEW Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The challenge in this Original Petition is mainly against a note in Ext. P5 which reads as follows:

(2.) Ext. P5 is an amendment issued to statutory regulations prescribing qualifications of teachers. The power to issue regulations is enjoined on the Academic Council, as per S.25 of the Mahatma Gandhi University Act. It can be issued only prospectively because there is no power to issue regulations retrospectively. The statute does not empower to amend or modify the regulation retrospectively. So an amendment can be issued only prospectively.

(3.) Regulations or amendments thus is to be issued by the Academic Council as per S.25 of the Mahatma Gandhi University Act. Academic Council can issue such regulations only prospectively. When the academic council is not constituted nor in session, as per S.10(17), the Vice Chancellor is empowered to issue regulations.