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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, J.
Dr.Tiji Zachariah – Appellant
Versus
Mahatma Gandhi University – Respondent
WP(C)s.5956, 5965 of 2020
Decided on : 23-03-2022
Constitution of India, Art.30 - Baselious Paulose II Catholicos College – Recognize minority education - Refusing the approval of the appointment of Dr. Tiji Zachariah as Principal – Absence of qualification – UGC Regulations – Direct recruitment – whether the University is justified in insisting that the petitioner should possess the qualification prescribed by the UGC Regulations.
Finding of the Court :
Management of the minority institution is free to find a qualified person-either from the staff of the same institution or from outside to fill up the vacancy and the management’s right to choose a qualified person is well insulated by the protective cover of Article 30(1) of the Constitution. Contention of the University that they have endorsed the UGC Regulations and the same would be applicable to the petitioner cannot be accepted. Furthermore, Court find that the University has issued Ext.P17 order on 1.2.2017 stipulating that in the case of appointments of Principals of Aided Colleges, the UGC Regulations, 2010 would apply only from 23.2.2016. The appointment of the 4th respondent having been carried out prior to the cut off date and as the exceptions ordered by the Hon’ble Supreme Court would not take in the petitioner, University was not justified in insisting that the 4th respondent should have qualifications as stipulated in clause 4.2.0 of the UGC Regulations 2010.
Result: Allowed
JUDGMENT :
The Baselious Paulose II Catholicos College is a Private Aided College affiliated to Mahatma Gandhi University. The College has been declared and recognised as a Minority Educational Institution by a certificate dated 6.4.2009 issued by the National Commission for Minority Educational Institutions and in view of the same, the College is a Minority Educational Institution covered under Article 30 of the Constitution of India. These writ petitions have been filed challenging the communication issued by the University refusing the approval of the appointment of Dr. Tiji Zachariah as Principal from 1.10.2015 and from 1.10.2016 for the reason of absence of qualifications as enumerated in clause 4.2.0 of the UGC Regulations, 2010.
2. W.P.(C) No.5956/2020 is filed by Dr. Tiji Zacharia and W.P.(C) No.5965/2020 is filed by the Manager challenging the aforesaid order. The facts and Exhibits shall be referred to as described in W.P.(C) No.5965/2020 unless stated otherwise.
3. The case of the petitioner as is borne out from the pleadings are as under:
The petitioner institution has been granted the status of a Minority Educational Institution in view of Ext.P1 certificate dated 6.4.2009 issued by the National Commission for Minority Educational Institution. The management has entered into a ‘Direct Payment Agreement’ in terms of which the College is entitled to make appointments to the posts of teaching as well as non-teaching staff subject to the compliance of the provisions therein.
4. By Ext.P2 order dated 1.4.2014, the management appointed Dr.Tiji Zachariah, a Senior Teacher in the College, as Principal-in-charge and Drawing and Disbursing Officer as envisaged in clause 78 of the Mahatma Gandhi University Statute in the vacancy which arose on account of the retirement of the former Principal, Dr. Sunny Kuriakose, on his attaining the age of superannuation on 31.3.2014. Since then, Dr. Tiji Zachariah had been discharging the duties and functions as the Principal-in-charge.
5. The 1st respondent, by Ext.P3 order, granted approval to the appointment of Dr.Tiji Zachariah as Drawing and Disbursing Officer for the period from 1.4.2014 to 30.6.2014. Later, Ext.P4 order was issued on 22.7.2014, approving the appointment of the 4th respondent as Drawing and Disbursing Officer for a further period of three months from 1.7.2014 to 30.9.2014 subject to the rider that no further extension shall be granted until the proposal for appointment of Principal was submitted by the management to the University.
6. The management, in the above circumstances, resolved to initiate proceedings for selection and appointment of a suitable and qualified person to the post of Principal of the College.
7. The Managing Council constituted a Selection Committee to selecta person from the community, and who was suitable for the post of Principal in terms of the provisions of the University Statutes. It was resolved that a suitable person shall be selected and appointed by promotion as prescribed in Section 59 of the MG University Act, 1985 as the Principal from among the teachers of the College.
8. Accordingly, the Selection Committee considered the profiles of senior teachers, evaluated their academic excellence, leadership qualities and administrative experience, demonstrated and proven during their tenure and selected the 4th respondent. Ext.P5 order dated 28.9.2015 was issued appointing Dr.Tiji Zachariah as the Principal of the College with effect from 1.10.2015. The 4th respondent joined duty as the Principal and started discharging duties as Principal. However, while issuing Ext.P5 order, the tenure of the 4th respondent as Principal was confined to a period of one year. The appointment of the 4th respondent as Principal was intimated to the 3rd respondent by Ext.P6 letter. However, approval was not granted. Later, Ext.P8 order was issued on 30.9.2016 extending the appointment of the 4th respondent as Principal from 1.10.2016 till the date of his superannuatio
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