ALEYAMMA KURUVILA Vs. MAHATMA GANDI UNIVERSITY

JUDGEMENT

(1.) The petitioners, who are the Principal-in-charge of St.Thomas College, Ranny and its Manager respectively, have approached this Court on the assertion that the former among them has been validly promoted to the post of Principal by the Educational Agency, under the sanction of Sec. 59(3) of the Mahatma Gandhi University Act, 1985, following the seniority cum fitness principle; and hence, praying that the Mahatma Gandhi University (MG University) - to which the College is affiliated - be directed to approve such appointment forthwith.

(2.) Sri.K.B.Gangesh - learned counsel appearing for the petitioners, pointed out that the only reason stated by the University in refusing the afore plea is that the "University Grants Commission Regulations on Minimum Qualification for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018" ('UGC Regulations, 2018' for short) do not provide for the appointment of Principal through promotion, but only through Direct Recruitment and therefore, that a Selection Committee ought to have been constituted in terms of the stipulations therein. Sri.K.B.Gangesh - vehemently argued that since the "UGC Regulations, 2018" provide only for constitution of a Selection Committee for the appointment of a Principal by direct recruitment and since there is no prohibition therein for making such appointment by an Educational Agency through promotion, the provisions of Sec. 59(3) of the MG University Act alone will apply. He concluded arguing that, there is no inconsistency between the two Statutes, since the MG University Act fills up a lacuna, which is found in the "UGC Regulations, 2018".

(3.) Sri.Surin George Ipe - learned Standing Counsel for the MG University, on the other hand, submitted that, it is his client's specific case - which is guided by the various judgments of the Honourable Supreme Court, including the latest one delivered on 21/10/2022, namely, Professor (Dr.) Sreejith P.C. v. Dr.Rajasree M.S & Ors. (Civil Appeal Nos.7634-7365 of 2022) - that any appointment of a teacher to a College, in violation of the applicable UGC Regulations is void abinitio. He predicated that, therefore, his client was fully justified in having informed the College that they must appoint an appropriate person as Principal, only after selection through a valid Committee as stipulated under the "UGC Regulations, 2018".