The Hindu : Tamil Nadu / Chennai News : Court upholds UGC regulations

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Thursday, Feb 07, 2008
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Tamil Nadu

Tamil Nadu - Chennai

Court upholds UGC regulations

Special Correspondent

Mandating private-aided colleges to form selection panels

CHENNAI: The University Grants Commission regulation, mandating private aided colleges to constitute multi-member selection committees to appoint lecturers and principals, has been upheld by the Madras High Court.

An order to this effect was passed by Justice V. Ramasubramanian on the writ appeals preferred by the Association of Management of Private Colleges and the principal of a Tuticorin-based private college.

The issue relates to the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations, 2000.

The regulations prescribed the qualifications for direct recruitment to the posts of principals, professor, reader and lecture; career advancement to lecturers; and the constitution of selection committees for selection to these posts.

In the course of arguments, counsel for the appellants conceded that there could not be any challenge to the rule prescribing minimum educational qualifications for appointment to various posts. The challenge, hence, was restricted only to a portion on the need to form committees to appoint lecturers and principals.

Mr. Justice Ramasubramanian, declining to accept the argument that the impugned regulations sought to encroach the field reserved for the State to legislate and the Tamil Nadu Private Colleges (Regulations) Act existed already, held that the mere fact that the State Act received the presidential assent would not mean that it would prevail over the UGC Regulations, which were issued much later.

The Judge, citing Supreme Court rulings, said the direction to constitute selection committees was aimed at enhancing the quality and calibre of teachers selected for appointment and would fall within the UGC’s preamble of coordination and maintenance of standards in higher educational institutions.

He said: “The impugned regulations have not completely negated the role of the management of private aided colleges in the matter of selection of lecturers and principals.

Apart from involving representatives of the managements of private colleges, the regulations require the inclusion of subject experts in the selection committee, so that such a selection would actually ensure the benefit of the private college itself.”

Mr. Justice Ramasubramanian also rejected the argument that the regulations were recommendatory and not mandatory in nature, and held that they in no way violated Article 19(1)(g) of the Constitution.

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