Kerala High Court Dismisses As Withdrawn Petition Challenging Appointment Of NUALS Registrar

The petition challenging the appointment of the Registrar of the National University of Advanced Legal Studies (NUALS) Mahadev M.G. has been withdrawn from Kerala High Court by the petitioner.

During the hearing on Friday, the Division Bench comprising Justice K Vinod Chandran and Justice C Jayachandran questioned the petitioner as to how he could file the plea before the court without filing a representation before the UGC, considering that the appointment had been made in the year 2014. 

Pursuant to this, the counsels for the petitioner informed the court that he would be withdrawing the petition. The Bench permitted the same. 

The plea filed by Advocate Sanjai D. Rajan contended that the appointment of the Registrar of NUALS was made in violation of the University Grants Commission Regulations and mandates.

According to the petition, Mahadev M.G. only has 2 years and 8 months of experience as Deputy Registrar, 1 year and 1 month experience as Assistant Registrar, and less than 4 years and 2 years experience as Private Secretary to the Vice Chancellor. It was argued that he did not have the requisite minimum qualifications. 

The NUALS Regulations stipulate that the essential qualifications for appointment to the post of Registrar are - a 1st or 2nd class Master's degree or equivalent qualification, and at least 3 years teaching experience at the University level or 3 years administrative experience in a responsible post. It has been further stipulated that a degree in law from a recognized University would also be desirable.

However, the petitioner had pointed out that the UGC Notification on Revision of Pay Scales, Minimum Qualifications for Appointments of Teachers in Universities, Colleges and Other measures for the Maintenance of Standards, 1998 provides in Appendix III under Regulation 4 the following minimum qualifications for direct recruitment to the posts of Registrar, Deputy Registrar and Assistant Registrar:

1. A Master's Degree with at least 55% of marks or its equivalent grade of B in the UGC seven point scale. 

2. At least 15 years of experience as Lecturer (Sr. Scale)/Lecturer with 8 years in Reader's grade along with experience in educational administration. Or Comparable experience in research establishment and/or other institutions of higher education Or 15 years of administrative experience of which 8 years as Deputy Registrar on an equivalent post".

It was submitted that the said notification had been adopted and implemented in the State vide Government Order dated 21.12.1999. 

"Hence, qualifications prescribed for direct recruitment of Registrar in the ... NUALS regulations whereby the requirement of administrative experience is reduced from 15 years to a mere 3 years and further the requirement of 8 years of experience as Deputy Registrar is done away with, is bad in law. Therefore Annexure III under Chapter XII Clause 5 of the NUALS Regulations, 2006 to the extent the qualifications prescribed for direct recruitment to the post of Registrar as 3 years of administrative experience in a responsible post is per se illegal and unsustainable in law," the petitioner had argued. 

Rajan had also prayed that the records leading to the NUALS Regulations 2006 be called for and set aside as they are "contrary to the UGC norms specifying minimum qualification for direct recruitment to the post of Registrar.?

Advocates S. Muhammed Haneef, Asif Ali M.H., T. Sailesh Kumar, Divya Ravindran, Ashik Ali M.H., Swethambily C., and Rajana Jose appeared for the petitioner in the instant plea.

Case Title: Adv. Sanjai D. Rajan v. The National University of Advanced Legal Studies & Ors.