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2009 Supreme(SC) 376

MUKUNDAKAM SHARMA, S.B.SINHA
Annamalai University Rep. by Registrar – Appellant
Versus
Secy. to Govt. Infn. & Tourism Dept. – Respondent


Advocates appeared:
For the Appellants :K. Parasaran, Sr. Adv., V. Balachandran, P.R. Kovilan Poonguntran, Ms. N. Prakash, R.V. Kameshwaran, Advocates.
For the Respondent:G.E. Vahanvati, SG (A.C.), Advocate.
For the U.G.C. :Amitesh Kumar, Gopal Singh, B.D. Sharma, Narottam Vyas, Sohan Singh, Ms. Deep Shikha Bharati, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Interpretation and application of the University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 (for short, “1985 Regulations”) framed by the University Grants Commission (for short, “UGC”) in exercise of its powers conferred by clause (f) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (for short, “the UGC Act”) vis-`-vis the provisions of the Indira Gandhi National Open University Act, 1985 (for short, “the Open University Act”) is in question in these appeals. They arise out of a common judgment and order dated 4.2.2008 passed by a Division Bench of the High Court of Judicature at Madras in Writ Appeal Nos. 1221 of 2005 and 82 of 2006 and Writ Petition No. 36307 of 2004.

2. Indisputably, N. Ramesh (Ramesh) and Sibi Madan Gabriel (Gabriel) were candidates for appointment to the post of Principal in Film and Television Institute (for short, “the Institute”) of Tamil Nadu. Gabriel was appointed temporarily as a ‘Lecturer in Acting






























































































































































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