Supreme Court Sets Aside Appointment Of Dr Rajashree MS As Vice Chancellor Of APJ Abdul Kalam University

Factual Background

Professor Dr Sreejith PS was an applicant for VC of APJ Abdul Kalam Technological University which was advertised by the State two times. The petitioner was included in the short list prepared by as per the first notification but since the "Search Committee" constituting the VC was dissolved a 2nd notification was issued in December 2018. In the 2nd notification the petitioner did not find his name and he came to know through newspaper reports that Chancellor on February 19, 2019 had appointed Dr Dr Rajashree MS. By way of RTI, the petitioner got to know that there were several vitiating facts which made the selection process invalid. Some of them were that the composition of the Search Committee disregarded the mandatory requirements of Regulation 7.3.0 (ii) of UGC Regulations, 2010.

Case Before Kerala High Court

The Single Bench while referring to the Top Court's judgement in Kalyani Mathivanan v KV Jeyaraj 2015, in which it was held that UGC Regulations are not binding unless adopted by the State Government, dismissed the writ.

The Single Judge also introduced a proposition that since UGC had not taken any penal action under Section 14 of the UGC Act the 3rd respondent University for including in its Act provisions inconsistent with UGC Regulations 2010, Section 13 of the University Act would prevail.

Aggrieved, the petitioner approached the Division Bench of the High Court which was dismissed.

For detailed report on the judgment - UGC Regulations 2013| Appointment Of Vice Chancellor Illegal When Search Committee Recommended Only One Name Instead Of A Panel Of Names : Supreme Court