TaxTMI 
TaxTMI 
2015 (3) TMI 1410
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....llant - Dr. Kalyani Mathivanan to show cause under what authority she continues to hold the office of the Vice-Chancellor, Madurai Kamaraj University. 2. By the impugned judgment the High Court held that the Appellant-Dr. Kalyani Mathivanan did not satisfy the eligibility criteria stipulated by the UGC Regulations of Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education 2010 (hereinafter referred to as the 'UGC Regulations, 2010') for appointment as Vice-Chancellor and non-fulfilment of such eligibility criteria cannot be completely white washed on the specious plea that the University Grants Commission Regulations, 2010 are not mandatory. The High Court set aside the order of appointment of the Appellant-Dr. Kalyani Mathivanan and allowed the writ petitions. 3. The factual matrix of the case is as follows: The post of Vice-Chancellor in Madurai Kamaraj University (hereinafter referred to as the 'University') fell vacant in the year 2011-2012 and the Government constituted a search Committee to appoint a suitable candidate. All together names of 1....
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....h Department, Ethiraj College. On 9th September, 2009, the Department of Higher Education, Government of Tamil Nadu based on the report of the Official Committee constituted to examine the recommendations of the G.K. Chadha Committee, passed an order that there shall be only three designations in respect of Teachers in Universities and Colleges, namely, Assistant Professors, Associate Professors and Professors. It was further ordered that the posts of Professors shall be created for under-Graduate and Post-Graduate Colleges on the basis of guidelines prescribed therein. However, this direction has not been implemented till date in the State of Tamil Nadu. 6. On behalf of the Appellant-Dr. Kalyani Mathivanan, it was further contended that she is qualified for appointment as Vice-Chancellor of the University as per the Madurai Kamaraj University Act, 1965 (hereinafter referred to as the 'University Act, 1965'). It was further contended that the UGC Regulations, 2010 are not mandatory but directory and cannot override the provisions of the University Act, 1965. 7. The High Court by the impugned order framed the following questions for consideration, namely: (i) whether the....
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....ble from every point of view and should not be made an excuse for accommodating' or 'rewarding individuals who do not fulfill the conditions laid down. A Vice-Chancellor is one who stands for the commitment of the University to scholarship and pursuit of truth. (Kothari Commission 1964-66: 334) A Vice-Chancellor should be a person with vision and (have) qualities of academic leadership with ability for administration. He should command high respect among all sections of the society. The Vice-Chancellor should be a distinguished academic... (who) has commitment to the values for which the Universities stand.... He must have the ability to provide leadership to the University by his academic worth, administrative competence and moral stature,. (Kothari Commission 1964-66: 334) Parikh Committee was not in favour of appointing Government officials as VCs. Quoting the Kothari Commission Report, the Parikh Committee mentions that the Vice-Chancellor is the most important functionary in a University not only on the administrative side but is also charged with the responsibility of creating the right atmosphere for teachers and students. The Universities need distinguished an....
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....12 (6) ALLMR 336. The Bombay High Court by the said judgment held that Vice-Chancellor in his said capacity cannot be considered as a member of the academic or teaching staff of the University and also held that the UGC Regulations, 2010 is directory in nature. In the impugned judgment Madras High Court observed as follows: 46. Therefore, with great respect, we are unable to subscribe to the view expressed by the Bombay High Court in paragraph 13 of the decision in Suresh Patilkhede that the Vice-Chancellor need not be considered as a member of the academic teaching staff. 10. The High Court further observed: 48. If University Grants Commission Regulations, 2010 will have to be given effect to (subject to our finding on the next two facets of question No. 2), the Vice-Chancellor should actually be a distinguished academician. Today, Albert Einstein cannot be appointed as the Vice-Chancellor of any University (at least in India) unless he fulfills the qualifications prescribed by University Grants Commission, the reason being that after a legislative enactment lays down the objective criteria, there is no place for subjective satisfaction. 49. We do not mean to say that the f....
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....orated with Ameer Ali in publishing the Code of Civil Procedure. He was a great Sanskrit scholar who authored books on Mantra Sastra and Tantra Sastra, After retiring as the Officiating Chief Justice, he served a Reader in law in the Oxford University for seven years. Great Jurists, both (Lawyers and Judges) such as Sir Subramanya Ayyar, Sir P.S. Sivaswamy Ayyar, Justice F.D. Oldfield were among a few who became the Vice-Chancellors of Madras University, ever since its inception about 150 years. But today, it is not possible to continue with the same legacy or two reasons, namely: (a) that we do not have such tall men of great eminence and (b) that today the field is regulated by law. 14. The High Court also relied on an Article titled 'Why Socrates should be in the Boardroom in Research Universities', published in 2010 by Amanda H. Goodall, for determining the case and observed as follows: 47. In an interesting Article, titled Why Socrates should be in the Boardroom in Research Universities, published in 2010 by Amanda H. Goodall, Leverhulme Fellow, Warwick Business School, the author points out two contrasting events that happened in 2003 and 2004. It is common kno....
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.... in 2010 by Amanda H. Goodall as they are not relevant for determining the issue involved in the present case. 16. Learned Counsel for the Appellant-Dr. Kalyani Mathivanan, has taken similar pleas as were taken before the High Court. 17. The contesting Respondent No. 1-Dr. K.Y. Jeyaraj has taken the following pleas: (i) The words "Teaching Staff of the University" occurring in Clause (e) of Section 26(1) of UGC Act, 1956 are words of wide import. Section 2(n) of the Madurai Kamaraj University Act defines Teachers of the University, as persons appointed by the University to give instruction on its behalf. Any person appointed to the University including the Vice-Chancellor, other than mere administrative staff can be required by the University to give instructions on its behalf. Thus, teaching staff should include those who are appointed to contribute and who can be called upon to contribute to or assigned to contribute to educational activities of the University in its functional sense. (ii) The UGC Regulations having been perceived to be for the advancement and promotion of University education, will qualify as a high principle of persuasive public policy which would commend....
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....part of teaching staff. 19. For determination of these issues, it is necessary to notice the relevant provisions of University Commission Act, 1956 (hereinafter referred to as the, 'UGC Act, 1956'), UGC Regulations, 2010, the University Act, 1965 and the statutes framed thereunder. University Grants Commission Act, 1956: UGC Act, 1956 was enacted to make provisions for the coordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission. Section 12 deals with the 'function of the Commission', relevant of which is quoted hereunder: 12. It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may- (a) inquire into the financial needs of Universities; (b) ... (c) ... (d) recommend to any University the measures necessary for the improvement of University....
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.... is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or Regulation or both Houses agree that the rule or Regulation should not be made, the rule or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may, be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or Regulation.] [No rule made or purporting to have been made, with retrospective effect, Under Section 25 of the principal Act before the commencement of this Act shall be deemed to have been invalid or ever to have been invalid merely on the round that such rule was made with retrospective effect and accordingly every such rule and every action taken or thing done thereunder shall be as valid and effective as if the provisions of Section 25 of the principal Act, as amended by this Act, were in force at all material times when such rule was made or a....
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....lleges, namely, Assistant Professors, Associate Professors and Professors. In the said letter revised Pay Scales, Service Conditions and Career Advancement Scheme for teachers and equivalent positions including the post of Assistant Professors/Associate Professors/Professors in Universities and Colleges were intimated. Pay scales of Pro-Vice-Chancellor/Vice-Chancellor were also mentioned therein. It was intimated that the said Scheme may be extended to the Universities, Colleges and other higher educational institutions coming under the purview of State legislature, provided State Governments wish to adopt and implement the Scheme subject to the terms and conditions mentioned therein. 24. In view of the aforesaid letter No. 1-32/2006-U.II/U.I(i), dated 31st December, 2008 issued by the Government of India and in exercise of the powers conferred under Clause (e) and (g) of Sub-section (1) of Section 26 of the UGC Act, 1956, UGC enacted Regulations, 2010 in supersession of the UGC Regulations, 2000. It was published in the Gazette of India on 28th June, 2010 and came into force with immediate effect. Relevant portion of the said Regulations is as follows: UGC REGULATIONS ON MINIM....
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....ommencement: 1.1. These Regulations may be called the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010. 1.2. They shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission, in consultation with the university concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every institution deemed to be a university Under Section 3 of the said Act. 1.3. They shall come into force with immediate effect. Provided that in the event, any candidate becomes eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31st December, 2008, the promotion of such a candidate shall be governed by the provisions of these Regulations. Provided further that notwithstanding anything contained in these Regulations, in the event any candidate became eligible for promotion under Career Advancement Schem....
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....t provisions of the Annexure to the UGC Regulations, 2010 are quoted hereunder: ANNEXURE UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT of THE TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE of STANDARDS IN HIGHER EDUCATION, 2010 ---------------------------------------------------------------------------- These Regulations are issued for minimum qualifications for appointment and other service conditions of University and College Teachers, Librarians, Directors of Physical Education and Sports for the maintenance of standards in higher education and revision of pay scales. 2.0.0 PAY SCALES, PAY FIXATION FORMULA AND AGE of SUPERANNUATION, ETC. 2.1.0 The revised scales of pay and other service conditions including age of superannuation in central universities and other institutions maintained and/or funded by the University Grants Commission (UGC), shall be strictly in accordance with the decision of the Central Government, Ministry of Human Resource Development (Department of Education), as contained in Appendix-I. xxx 2.3.1. The revised scales of pay and age of superannuation as provided in Clause 2.1.0 above....
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..... a) a nominee of the Visitor/Chancellor, who should be the Chairperson of the Committee. b) a nominee of the Chairman, University Grants Commission. c) a nominee of the Syndicate/Executive Council/Board of Management of the University. iii. The Visitor/Chancellor shall appoint the Vice-Chancellor out of the Panel of names recommended by the Search Committee. iv. The conditions of service of the Vice-Chancellor shall be prescribed in the Statutes of the Universities concerned in conformity with these Regulations. v. The term of office of the Vice-Chancellor shall form part of the service period of the incumbent concerned making him/her eligible for all service related benefits. 7.4.0 The Universities/State Governments shall modify or amend the relevant Act/Statutes of the Universities concerned within 6 months of adoption of these Regulations. 8.0. DUTY LEAVE, STUDY LEAVE, SABBATICAL LEAVE 26. Letter No. 1-32/2006-U.II/U.I(1)(i) dated 31st December, 2008 issued by the Government of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi has been appended as Appendix I and is part of the UGC Regulations, 2010. The relevant portion of....
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.... under-graduate (UG) colleges as well as in postgraduate (PG) colleges. The number of posts of Professors in a UG College shall be equivalent to 10 percent of the number of posts-of Associate Professors in that College. There shall be as many posts of Professors in each PG College as the number of Departments in that College. No new Departments shall be created in UG or PG Colleges without prior approval of the UGC. (v) Up to 10% of the posts of Professors in universities shall be in the higher Academic Grade Pay of Rs. 12,000 with eligibility conditions to be prescribed by the UGC. (vi) National Eligibility Test (NET) shall be compulsory for appointment at the entry level of Assistant Professor, subject to the exemptions to the degree of Ph.D. in respect of those persons obtaining the award through a process of registration, course-work and external evaluation, as have been/or may be laid down by the UGC through its Regulations, and so adopted by the University. NET shall not be required for such Masters' programmes in disciplines for which there is no NET. 2. Revised Pay Scales, Service conditions and Career Advancement Scheme for teachers and equivalent positions: Th....
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....versity at Madurai enacted by the State Legislature. Section 2(m) of the University Act defines 'teachers' as under: 2(m). "teachers" means such lecturers, readers, assistant professors, professors and other persons giving instruction in University colleges or laboratories, in affiliated or approved colleges, or in hostels, and librarians as may be declared by the statutes to be teachers; Section 2(n) defines 'teachers of the University' as follows: 2(n) "teachers of the University" means persons appointed by the University to give instruction on its behalf; 'University Lecturer', 'University Reader' or 'University Professor' are defined Under Section 2(t) as follows: 2(t) "University Lecturer", "University Reader" or "University Professor" means Lecturer, Reader or Professor respectively appointed as such by the University; Section 8 stipulates the Officers of the University. The said Section is as follows: Section 8. Officers of the University.- The University shall consist of the following officers, namely: (1) The Chancellor; (2) The Pro-Chancellor; (3) The Vice-Chancellor; (4) The Registrar; and (5) Such other person....
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....dicate shall, as soon as possible, make the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (5) The Vice-Chancellor shall be a whole-time officer of the University and shall be entitled to such emoluments, allowances and privileges as may be prescribed by the statutes. The powers and duties of the Vice-Chancellor are mentioned in Section 12 which is as follows: Section 12. Powers and duties of the Vice-Chancellor. - (1) The Vice-Chancellor shall be academic head and the principal executive officer of the University and shall, in the absence of the Chancellor and Pro-Chancellor, preside at meetings of the Senate and at any convocation of the University. He shall be a member ex-officio and Chairman of the Syndicate, the Academic Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote there at unless he is a member of the authority concerned. (2) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the statutes, ordinances and Regulations are observed and carried out and he may exerc....
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.... following persons, namely;- Class I - Ex-officio members- (1) The Director of Higher Education, Madras; (2) The Director of Secondary Education, Madras; (3) The Director of Technical Education, Madras; (3-A) The Director of Medical Education; (4) The heads of University Departments of Study and Research; (5) Members of the Syndicate who are not otherwise members of the Academic Council; xxx 29. 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 [Section 32(d)]. 30. 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....
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....espect of which Parliament and State Legislature may make laws. The legislative powers of the Central and State Governments are governed by the relevant entries in the three lists given in 7th Schedule. Entry 66 in List I provides for Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. Prior to 42nd Amendment, education including Universities subject to the provisions of the Entries 63, 64, 65, 66 of List-I and Entry 25 of List III was shown in Entry 11 of the List II - State List. By 42nd Amendment of Constitution w.e.f. 3rd January, 1977 Entry 11 of List II-State List was omitted and was added as Entry 25 of List-III. At present the aforesaid provisions read as follows: Seventh Schedule List I - Union List Entry 66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. List III - Concurrent List Entry 25.- Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour. Article 25....
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....onstitutional position on that score has not undergone any change. All that has happened is that Entry 11 was taken out from List II and amalgamated with Entry 25 of List III. However, even the new Entry 25 of List III is also subject to the provisions, among others, of Entry 66 of List I. It cannot, therefore, be doubted nor is it contended before us, that the legislation with regard to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions has always been the preserve of Parliament. What was contended before us on behalf of the State was that Entry 66 enables Parliament to lay down the minimum standards but does not deprive the State legislature from laying down standards above the said minimum standards. We will deal with this argument at its proper place. xxx 41. What emerges from the above discussion is as follows: (i) The expression 'coordination' used in Entry 66 of the Union List of the Seventh Schedule to the Constitution does not merely mean evaluation. It means harmonisation with a view to forge a uniform pattern for a concerted action according to a certain design, scheme or pl....
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....ties act illegally. 35. In Dr. Preeti Srivastava and Anr. v. State of M.P. and Ors. (1999) 7 SCC 120, a Constitution Bench of five Judges dealt with the State competence under List III Entry 25 to control or regulate higher education which is subject to standards laid down by the Union of India. The Court noticed that the standards of higher education can be laid down under List I Entry 66 by the Central Legislation and held as follows: 35. The legislative competence of Parliament and the legislatures of the States to make laws Under Article 246 is regulated by the VIIth Schedule to the Constitution. In the VIIth Schedule as originally in force, Entry 11 of List II gave to the State an exclusive power to legislate on education including universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I and Entry 25 of List III. Entry 11 of List II was deleted and Entry 25 of List III was amended with effect from 3-1-1976 as a result of the Constitution 42nd Amendment Act of 1976. The present Entry 25 in the Concurrent List is as follows: 25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64....
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....ucation in the institutes of higher education. Standards of education in an institution or college depend on various factors. Some of these are: (1) the calibre of the teaching staff; (2) a proper syllabus designed to achieve a high level of education in the given span of time; (3) the student-teacher ratio; (4) the ratio between the students and the hospital beds available to each student; (5) the calibre of the students admitted to the institution; (6) equipment and laboratory facilities, or hospital facilities for training in the case of medical colleges; (7) adequate accommodation for the college and the attached hospital; and (8) the standard of examinations held including the manner in which the papers are set and examined and the clinical performance is judged. 37. While considering the standards of education in any college or institution, the calibre of students who are admitted to that institution or college cannot be ignored. If the students are of a high calibre, training programmes can be suitably moulded so that they can receive the maximum benefit out of a high level of teaching. If the calibre of the students is poor or they are unable to follow the....
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....owers are very broad. The Regulations framed by it in terms of Clauses (e), (f), (g) and (h) of Sub-section (1) of Section 26 are of wide amplitude. They apply equally to open universities as also to formal conventional universities. In the matter of higher education, it is necessary to maintain minimum standards of instructions. Such minimum standards of instructions are required to be defined by UGC. The standards and the coordination of work or facilities in universities must be maintained and for that purpose required to be regulated. The powers of UGC Under Sections 26(1)(f) and 26(1)(g) are very broad in nature. Subordinate legislation as is well known when validly made becomes part of the Act. We have noticed hereinbefore that the functions of UGC are all-pervasive in respect of the matters specified in Clause (d) of Sub-section (1) of Section 12-A and Clauses (a) and (c) of Sub-section (2) thereof. 37. The aforesaid judgment makes it clear that to the extent the State Legislation is in conflict with Central Legislation including sub-ordinate legislation made by the Central Legislation under Entry 25 of the Concurrent List shall be repugnant to the Central Legislation and w....
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....ture of subordinate Legislation cannot override the provisions of Section 12 of the Maharashtra University Act, 1994, which is a preliminary Legislation made by the State Legislature. In the said case the Bombay High Court held: 16... Applying the aforesaid test of "direct impact on the standard of Education" and the principles laid down in the aforesaid decisions, we are of the view that the qualifications and the method of appointment for the post of Pro-Chancellor and Vice-Chancellor of a University cannot be considered as having "direct impact on the standards of education. 17. We are, accordingly, of the considered view that Regulations 7.2.0 and 7.3.0 of UGC Regulations for appointment of Pro-Chancellor and Vice-Chancellor of the University governed by UGC Act cannot be treated as falling under Clauses (e) and (g) of Section 26(1) of the UGC Act, 1956. The Bombay High Court further held: 46. As already held by us, Regulations 7.2.0 and 7.3.0 of UGC Regulations, 2010 are traceable to Section 12(d) of UGC Act, 1956. The same are not without any authority of law but at the same time, they are merely recommendatory in nature and, therefore, neither the State Legislature no....