The presence of the Chairperson is mandatory for the validity of a Selection Committee under UGC Regulations, and failure to comply invalidates the committee's proceedings.

ORDER :

The petitioner approaches this Court under Article 226 of the Constitution of India with the following prayer :-

"Respondent No.1 may kindly be directed to accord approval to the appointment of the petitioner as Principal of Maharashtra College of Education, Aurangabad, without any further delay by quashing and setting aside the impugned communication of R-1 dated 6.8.2022 at Exh"J" so also the communication of R-2 dated 7/8.9.2022 at Exh 'M' also may kindly be quashed and set aside."

2. The petitioner contends that she is qualified as M.A., M.Ed. and Ph.D. She worked as Assistant Professor with respondent No.4 college since 1989. She became Professor in the year 2019. On 29.11.2021, the respondent No.4 published an advertisement for filling up the posts of Principal at Marathwada College of Education, Aurangabad, thereby inviting applications from the eligible candidates. The petitioner being qualified and eligible, responded to the advertisement and submitted her candidature. She was interviewed by duly constituted Selection Committee. After interview, she being the meritorious and suitable candidate, president issued an appointment order dated 18.5.2022, pursuance to recommendation of Selection Committee. The proposal for grant of approval to the petitioner's appointment was submitted by the respondent No.4 to the University. On 26.7.2022, University pointed out certain deficiencies in the proposal. The deficiencies were removed within time. Thereafter, respondent University issued the impugned communication rejecting the proposal, giving reason that in absence of President/Chairman of the governing body, the Selection Committee was invalid.

3. According to the petitioner, The selection Committee was valid in terms of Government Resolution dated 10.5.2019 as well as the UGC Regulations. The Chairman of the governing body had nominated his representative and other members of the Committee were in tune with the UGC Regulations. Therefore, the impugned communication is not sustainable in law.

4. An affidavit-in-reply is filed on behalf of respondent No.4 Management contending that the Committee was duly constituted. The representative of the Chairman was nominated by him. Apart from that, representative of the Vice Chancellor and Director of Higher Education were present alongwith Experts in the subject. No fault can be found in the composition of the selection committee. However, the erroneous order has been passed on proposal based on misinterpretation of legal position.

5. We have considered the submissions advanced on behalf of respective parties. The core issue that arises for consideration before this Court is as follows :-

"Whether the composition of selection committee for selection of Principal at Respondent No. 4 College was valid in terms of the UGC Regulations and GR issued by state, for want of participation in person by the chairman of governing body at the meeting of committee"

6. The UGC Regulations notified on 18/07/2018 provides for composition of the Selection Committee for recommendation of names of suitable candidate for appointment to the post of College Principal, it has been adopted by state of Maharashtra Vide GR dated 10/05/2019 which reads thus :-

There shall be a Selection Committee for recommending names of the suitable candidates for appointment for the post of college Principal. The selection committee shall be as under :-

i] Chairperson of the Governing Body to be the Chairperson.

ii] Two members of the Governing Body of the college to be nominated by the Chairperson of whom one shall be an expert in academic administration.

iii] Two nominees of the Vice Chancellor who shall be Higher Education Experts in the subject/field concerned out of which atleast one shall be a person not connected in any manner with the affiliating University. In case of Colleges notified/declared as minority educational institutions, one nominee of the Chairperson of the College from out of a panel of five names, preferab