UGC Regulations | The President of the College cannot appoint a representative to his place on the selection committee for the appointment of the Principal of the College: Bombay HC

In a recent ruling by High Court of Justice, Bombay, Aurangabad Bench, the dispute over appointment to the principal post of Maharashtra College of Education, Aurangabad has been resolved. The court upheld the university’s decision to reject the candidature of Dr. Smt. Appointment of Naveed-us-Sahara as director, citing shortcomings in the selection committee.

The case was handled by Dr. Smt. Naveed-us-Sahar challenges the rejection of her nomination under Art. 226 of the Constitution of India. Represented by Mr. AS Deshpande, Advocate, Dr. Naveed-us-Sahar sought to quash the university’s decision, urging the court to order the university to approve her appointment without further delay.

The respondent, represented by advocate PS Dighe, submitted that though the selection committee was constituted, there were flaws in the approval process. The university, through its Secretary, pointed out the shortcomings in the composition of the committee, particularly emphasizing the absence of the Chairman of the body.

In the judgment delivered by Justice Vibha Kankanwadi and Justice SG Chapalgaonkar analyzed the arguments presented by both sides. In their judgment, the judges took note of the UGC Rules and the state government’s guidelines regarding the composition of the selection committee.

The court emphasized “The literal construction of the UGC Regulations is clear and unambiguous.” They reiterated the importance of strict compliance with statutory provisions, stating: “If the law says something must be done in a certain way, then it should be done that way and not another way.”

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The court rejected the petitioner’s argument that the presence of the Chairman of the governing body was unnecessary once a committee quorum was reached. Referring to previous judgments, including: Secretary, John Wilson Educational Society vs. /Sanjay Premanand Athawale and Ganesh Mahadeorao Thawre vs. Central Hindu Military Educationthe court separated the rules governing these matters from the UGC Regulations on this issue.

Ultimately, the court upheld the university’s decision to reject Dr. Naveed-us-Sahara’s appointment as director. The judges did not find any discrepancies in the university’s reasoning and found it necessary for the Chairman to be present on the qualification committee.

Case name: DR. SMT. NAVEED-US-SAHAR vs. DR. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY BY ITS REGISTRAR AND OTHERS

Case No.: WRITE PETITION NO. 10057 Z 2022

Bench: Justice Vibha Kankanwadi and Justice SG Chapalgaonkar

Order dated: 04/04/2024