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HC upholds UGC regulations

Special Correspondent

CHENNAI: A 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.

The order was passed by Justice V. Ramasubramanian on 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. They prescribed the qualification for direct recruitment to the posts of principal, professor, reader and lecture; career advancement to lecturers; and constitution of selection committees for selection to these posts.

Counsel for the appellants conceded there could not be any challenge to the rule prescribing minimum educational qualifications for appointment to various posts.

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

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