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Tuesday, Aug 01, 2006

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Bench ruling on appointment of principals

Staff Reporter

Aided colleges cannot apply two different yardsticks

MADURAI: The Madurai Bench of the Madras High Court has ruled that Government aided colleges cannot apply two different yardsticks, one for existing teachers and another for outside contenders, for appointment of principals.

Referring to the University Grants Commission regulations which stipulate that the minimum requirement of 55 per cent marks in post-graduate examinations shall not be insisted upon the existing incumbents who are already in the university system, Justice P. Jyothimani said the relaxation had been given only for the benefit of persons who were already holding the post when the regulations came into force and not for fresh appointees. The ruling was passed while allowing a writ petition seeking to set aside the appointment of T. Chinnaraj Joseph Jaikumar, who had scored less than 55 per cent marks, as principal of the American College here.

Though the college as well as the Madurai Kamaraj University contended that Dr. Jaikumar had put in 25 years of service and that the required qualification could be relaxed for the benefit of teachers already working in the institution, the Judge said, "Such construction will only result in an unnecessary discrimination among the equally situated people who are competing to the post of principal... Hence, such contention is not tenable."

Dealing with another aspect as to whether the UGC stipulations were applicable to minority colleges, the Judge said, "Qualification for the post of teachers cannot be compromised at any cost. Even a minority institution has to follow the qualification prescribed for the posts like that of principals, lecturers, etc."

While invalidating the appointment of the incumbent principal of American College, the Judge directed the Governing Council of the college to initiate a fresh selection process.

The writ petition was filed by Arul Arasu Israel, who was working as a Reader in the Department of Religion, Philosophy and Sociology at the American College.

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