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2022 Supreme(SC) 644

INDIRA BANERJEE, J. K. MAHESHWARI
J. Vijayan – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Madhu N. Namboothioipad, Adv. Boby Augustine, Adv. Ms. Reshmi Rea Sinha, AOR
For the Respondent(s): Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh V.T., Adv. Mr. Manoj R. Sinha, Adv. Mr. Aaditya, Adv. Ms. Rachana Ransan, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Prashant Padmanabhan, AOR Mr. Liju V. Stephen, Adv. Ms. Indu Susan Jacob, Adv. Mr. Ravi Sagar, Adv. Mr. James P. Thomas, AOR Mr. Himinder Lal, AOR Mr. Shiv Sagar Tiwari, AOR

JUDGMENT

Indira Banerjee, J.

Leave granted.

2. The University Grants Commission Act, 1956, hereinafter referred to as “the UGC Act”, was enacted to make provisions for the coordination and determination of standards in universities and for that purpose to establish a University Grants Commission, hereinafter referred to as “UGC”.

3. Section 20 of the UGC Act provides:

    “20. Directions by the Central Government –

    (1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government.

    (2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final.”

4. In exercise of the powers conferred under Clauses (e) and (g) of sub-section (1) of Section 26 of the UGC Act 1956, the Ministry of Human Resource Development of the Government of India framed the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Academic Staff in Universities and Colleges and Other Measures for the Mainte


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