UGC Regulations Permit Appointment Of College Principal Only Through Direct Recruitment, Not Promotion: Kerala High Court

The Kerala High Court on Tuesday observed that appointment to the post of College Principal must be thorough a valid Selection Committee as stipulated under the University Grants Commission Regulations on Minimum Qualification for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018. 

Justice Devan Ramachandran observed that the Apex Court has made it clear that only a person appointed as per the provisions of UGC Regulations 2018 can continue be an Officer of the University.

...once the Hon'ble Supreme Court has delivered its judgment to the unmistakable effect that only a person who is appointed in terms of the "UGC Regulations, 2018" can continue to be a Teacher of a College, or that matter as an Officer of the University, the petitioners cannot rely upon Section 59(3) of the "MG University Act", to maintain that "promotion" as Principal, on the basis of seniority cum fitness is tenable.

The Writ Petition was moved by the Principal-in-charge of St. Thomas College, Ranny seeking direction to the Mahatma Gandhi University to approve her appointment as the Principal, asserting that she was validly promoted to the post by the Education Agency under the sanction of Section 59(3) of the MG University Act, 1985 following the seniority cum fitness principle.  

Counsel appearing for the petitioner, Advocate K. B. Ganesh, pointed out that the only reason stated by the University for rejecting the plea is that the UGC Regulations, 2018 does not provide for the appointment of Principal through promotion, but only through Direct Recruitment and therefore, the Selection Committee ought to have been constituted in terms of the stipulations.

The Counsel contended that since there is no prohibition under the UGC Regulations, 2018 for appointment through promotion, the provisions of Section 59(3) of the MG University Act alone will apply. The Counsel further contended that there is no inconsistency between the two Statutes since the MG University Act fills up a lacuna, which is found in the UGC Regulations, 2018.

The Standing Counsel for MG University Advocate Surin Gerorge Ipe, relied on Apex Court's decision in Professor (Dr.) Sreejith P.C. v. Dr.Rajasree M.S & Ors. where it was held that any appointment of a teacher to a College, in violation of the applicable UGC Regulations is void ab initio. He contended that the University was justified in having informed the College that they they must appoint an appropriate person as principal only after selection through a valid committee as situated under the UGC Regulations 2018.

The Court finding substantial force in the contentions raised by the Standing Counsel for MG University, observed that when Supreme Court has made it clear that only a person who is appointed in terms of the UGC Regulations, 2018 can continue to be a Teacher of a College, or that matter as an Officer of the University, the petitioners cannot rely upon Section 59(3) of the MG University Act, to maintain that "promotion" as Principal, on the basis of seniority cum fitness is tenable.

This is not a case where the "MG University Act" or the "UGC Regulations, 2018" operate on different fields, but one in which the latter excludes the appointment of Principal in a College through promotion, the Court remarked. 

Thereby, the Court while disposing the writ petition, directed that requisite steps for appointing a full time Principal in terms of the UGC Regulations shall be initiated by the College without any further delay.

The further ordered that the petitioner shall continue as the as the Principal-incharge of the College, until the completion of the selection process as per the UGC Regulations. However, before parting the Court also clarified that the petitioner is entitled to participate in the selection process. 

Case Title: Aleyamma Kuruvila v. Mahatma Gandhi University 

Citation: 2022 LiveLaw (Ker) 558

Click Here To Read/Download The Order