LAWS(MAD)-2023-12-84

V. PALANIAPPA Vs. SECRETARY TO THE CHANCELLOR

Decided On December 19, 2023
V. Palaniappa Appellant
V/S
Secretary To The Chancellor Respondents

JUDGEMENT

(1.) Since the present Writ Petitions relate to the same controversy and are inter-connected, they have been heard together and are disposed by this Common Order.

(2.) The Legislative Assembly of the Union Territory of Puducherry, which has been conferred with powers to legislate on subjects in Lists II & III of Schedule VII of the Constitution, has enacted the Puducherry Technological University Act, 2019 (hereinafter referred to as 'the PTU Act' for short), that came into force with effect from 24/6/2020 establishing the Puducherry Technological University (hereinafter referred to as 'PT University' for short) under Sec. 3 of that Act. In terms of Sec. 14 of the PTU Act, the Vice-Chancellor of PT University has to be appointed from among the Panel of three names of persons recommended by a 'Search Committee' referred to in Sec. 14(5) of the PTU Act and such a Panel shall not contain any Member of the 'Search Committee'. For the purpose of Sec. 14(5) of the PTU Act, the 'Search Committee' shall consist of following Members to recommend the names for the appointment as Vice-Chancellor, namely:

(3.) At this juncture, reference must be made to UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (hereinafter referred to as 'the UGC Regulations, 2018' for short) framed by the UGC in the exercise of powers conferred under Clauses (e) & (g) of sub-sec. (1) of Sec. 26 read with Sec. 14 of the University Grants Commission Act, 1956 (hereinafter referred to as 'the UGC Act' for short) and in supersession of the extant Regulations of 2010 with all Amendments made thereunder from time to time, which came into force with effect from 18/7/2018. In the context of the present cases, it would be necessary to extract the relevant Regulations, which read as follows: