UGC Regulations | Chairman Of College Governing Body Cannot Delegate Duty To Appoint Principal: Bombay High Court

The Aurangabad bench of the Bombay High Court held recently that the Chairman of the governing body of a college cannot nominate a representative to his seat on the Selection Committee for appointment of the principal of the college.

A division bench of Justice Vibha Kankanwadi and Justice SG Chapalgaonkar dismissed a writ petition filed by one Dr. Naveed-Us-Sahar challenging the rejection of her appointment to the post of Principal at the Marathwada College of Education, Aurangabad. The Marathwada University had rejected the appointment as the Chairman nominated a proxy in the Selection Committee.

“When composition of the Selection Committee is specifically prescribed under the UGC regulations, presence of Chairperson, who is also Chairman of the governing body is mandated, then it would be difficult to accept petitioner's contention that Chairperson's nominee can replace him. Pertinently, there is no provision enabling Chairman to delegate his power to preside over Selection Committee constituted under UGC regulations”, the court held.

The petitioner, an M.A., M.Ed., and Ph.D. holder, served as an Assistant Professor since 1989 and became a Professor in 2019. The Maharashtra College of Education published an advertisement on November 29, 2021, for the position of Principal. The petitioner, meeting the qualifications, applied and was selected by a Selection Committee. Following the selection, her appointment order was issued on May 18, 2022.

However, the University rejected the proposal for approval on July 26, 2022, citing the absence of the President/Chairman of the governing body during the Selection Committee meeting as a reason for invalidity. Thus, she filed the present petition.

The petitioner argued that the Selection Committee was valid as per the Government Resolution (GR) dated May 10, 2019, and the University Grants Commission (UGC) Regulations.

Advocate Ajay Deshpande for the petitioner emphasized that the Chairman's representative was present, fulfilling the required quorum. He argued that the presence of the Chairman's nominee was sufficient.

Advocate PS Dighe for the college supported the petitioner and said that the composition of the Selection Committee was as per the prescribed regulations, with no legal faults in the selection process. He argued that due to unforeseen circumstances, the Chairman nominated a representative to attend the meeting, which they believed complied with the regulations.

The UGC Regulations dated July 18, 2018, which outline the composition of the Selection Committee for recommending candidates for the post of College Principal, were adopted by Maharashtra via the GR dated May 10, 2019. The court highlighted that that the UGC regulations prescribe the qualifications, mode, and manner for appointing college principals, and the Selection Committee's composition. The quorum for the meeting requires five members, including at least two from the three experts and the Director of Higher Education or their nominee.

These regulations explicitly require the Chairman of the governing body to chair the Selection Committee, the court noted. The court noted that there is no provision allowing the Chairman to delegate this role to a representative. It emphasized the unambiguous nature of the UGC regulations and the necessity of the Chairman's presence.

Citing the Supreme Court's case of Hiralal Ratan Lal v. Sales Tax Officer, Kanpur, the court emphasized that when a statutory provision is clear, it must be followed as written. The UGC Regulations unambiguously mandate the Chairperson's presence in the Selection Committee, and therefore, the petitioner's argument that a quorum of five members suffices without the Chairperson is invalid, the court stated. The Chairperson's role is indispensable and cannot be substituted by a nominee, the court held.

The court dismissed the relevance of judgments cited by the petitioner, distinguishing the specific requirements of the UGC regulations from the cases cited.

The court concluded that the absence of the Chairman invalidated the Selection Committee, thereby upholding the University's rejection of the petitioner's appointment. The court stated, "If the guidelines prescribe that the Selection Committee should consist of a Chairperson, in absence of the Chairperson, the meeting of the Selection Committee cannot be termed as valid."

Therefore, the court dismissed the writ petition, finding no merit in it.

Case no. – Writ Petition No. 10057 of 2022

Case Title – Dr. Naveed-Us-Sahar v. Dr. Babasaheb Ambedkar Marathwada University