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2015 (3) TMI 1410 - SC - Indian LawsEligibility criteria stipulated by the UGC Regulations of Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges - appointment as Vice-Chancellor - whether the post of Associate Professor held by the Appellant-Dr. Kalyani Mathivanan in a private aided College can be considered as an equivalent post, satisfying requirement of paragraph 7.3.0 of the UGC Regulations, 2010? - whether the prescriptions contained in paragraph 7.3.0 of the Annexure to the UGC Regulations, 2010 is mandatory or directory? - whether the U.G.C. Regulation, 2010 would override the provisions of the University Act, 1965 and the Statute framed thereunder? HELD THAT - The University Grants Commission has been established for the determination of standard of Universities, promotion and co-ordination of University education, for the determination and maintenance of standards of teaching, examination and research in Universities, for defining the qualifications regarding the teaching staff of the University, maintenance of standards etc. For the purpose of performing its functions under the UGC Act (see Section 12) like defining the qualifications and standard that should ordinarily be required of any person to be appointed in the Universities see Section 26(1)(e)(g) UGC is empowered to frame Regulations - It is only when both the Houses of the Parliament approve the Regulation, the same can be given effect. Thus, the U.G.C. Regulations though a subordinate legislation has binding effect on the Universities to which it applies; and consequence of failure of the University to comply with the recommendations of the Commission, the UGC may withhold the grants to the university made out of the Fund of the Commission. Chapter VI of the University Act deals with Statutes, Ordinances and Regulations. Section 30 stipulates the matters which can be provided under Statutes. This includes the constitution or reconstitution, powers and duties of the authorities of the University. Section 32 deals with Ordinances which may provide for all or any of the matters mentioned therein including the qualifications and emoluments of teachers of the University - The word statutes with respect to University means law of the University. In the present context it means the provisions of the University Act and the statutes, ordinances and Regulations framed therein. Chapter V of the Statutes of Madurai Kamaraja University relates to Vice-Chancellor. Clause 2(1) of Chapter V stipulates that Vice-Chancellor should be a whole-time Officer of the University who would be the academic head and principal executive officer of the University with powers and duties mentioned therein. From UGC Regulations, 2010, it is clear that the Vice-Chancellor should be a distinguished academician with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organization. Whereas the post of Vice-Chancellor under University Act, 1965 and statute made thereunder is not a teaching post but an officer of the University. Whether any of the provisions of the State Legislation (University Act, 1965) and statutes framed thereunder is in conflict with the Central Legislation i.e. UGC Act, 1956 including UGC Regulations, 2010? - HELD THAT - UGC Regulations, 2010 is not applicable to the Universities, Colleges and other higher educational institutions coming under the purview of the State Legislature unless State Government wish to adopt and implement the Scheme subject to the terms and conditions therein. In this connection, one may refer paragraph 8(p)(v) of Appendix-I dated 31st December, 2008 and Regulation 7.4.0 of UGC Regulations, 2010 - It is also not the case of the Respondents that the Scheme as contained in Appendix-I to the Annexure of UGC Regulations, 2010 has been adopted and implemented by the State Government. It is also apparent from the facts that University Act has not been amended in terms of UGC Regulations, 2010 nor was any action taken by the UGC Under Section 14 of UGC Act, 1956 as a consequence of failure of University to comply with the recommendations of the Commission Under Section 14 of the UGC Act, 1956. The appointment of Dr. Kalyani Mathivanan as Vice-Chancellor, Madurai Kamaraj University as made by the G.O. (1D) No. 80, Higher Education (H2) Department, Government of Tamil Nadu dated 9th April, 2012 is upheld - appeal allowed.
Issues Involved:
1. Whether the post of Associate Professor held by the Appellant can be considered as an equivalent post satisfying the UGC Regulations, 2010. 2. Whether the UGC Regulations, 2010 are mandatory or directory. 3. Whether the UGC Regulations, 2010 override the provisions of the University Act, 1965. 4. Whether the post of Vice-Chancellor is part of the teaching staff. 5. Whether the appointment of Dr. Kalyani Mathivanan as Vice-Chancellor was valid. Issue-wise Detailed Analysis: 1. Equivalent Post Under UGC Regulations, 2010: The High Court framed the question of whether the post of Associate Professor held by the Appellant in a private aided college can be considered equivalent to the requirements of paragraph 7.3.0 of the UGC Regulations, 2010. The High Court answered this in the negative, stating that the Appellant did not meet the eligibility criteria stipulated by the UGC Regulations, 2010 for the Vice-Chancellor position. 2. Mandatory or Directory Nature of UGC Regulations, 2010: The High Court considered whether the prescriptions in paragraph 7.3.0 of the UGC Regulations, 2010 are mandatory or directory. The High Court held that the UGC Regulations, 2010 are mandatory for Central Universities and Colleges and institutions deemed to be universities whose maintenance expenditure is met by the UGC. However, for State Universities, the UGC Regulations, 2010 are directory unless adopted by the State Government. 3. Override of University Act, 1965 by UGC Regulations, 2010: The High Court examined if the UGC Regulations, 2010 would override the provisions of the University Act, 1965 and the statutes framed thereunder. It was held that in the event of a conflict, the UGC Regulations, 2010 would prevail over the State enactment. The Supreme Court emphasized that to the extent the State Legislation is in conflict with Central Legislation, including subordinate legislation made by the Central Legislation under Entry 25 of the Concurrent List, it shall be repugnant and inoperative. 4. Post of Vice-Chancellor as Part of Teaching Staff: The High Court held that the Vice-Chancellor is part of the academic staff, rejecting the view of the Bombay High Court in a similar case. The Supreme Court agreed with this view, stating that the Vice-Chancellor is the academic head and has general control over the affairs of the University, thus being part of the teaching staff. 5. Validity of Dr. Kalyani Mathivanan's Appointment: The Supreme Court upheld the appointment of Dr. Kalyani Mathivanan as Vice-Chancellor, Madurai Kamaraj University, stating that the UGC Regulations, 2010 had not been adopted by the State of Tamil Nadu. Therefore, there was no conflict between the State Legislation and the Central Legislation. The Supreme Court set aside the impugned judgment of the Madras High Court, which had annulled her appointment. Conclusion: The Supreme Court concluded that the UGC Regulations, 2010 are partly mandatory and partly directory. They are mandatory for Central Universities and institutions funded by the UGC but directory for State Universities unless adopted by the State Government. The appointment of Dr. Kalyani Mathivanan was upheld, and the judgment of the Madras High Court was set aside. The appeals were allowed with no order as to costs.
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