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2023 Supreme(Ker) 84

P. B. SURESH KUMAR, SOPHY THOMAS
Aleyamma Kuruvila, D/o. K. Kurian – Appellant
Versus
Mahatma Gandhi University, Rep. By Its Registrar – Respondent


Advocates Appeared:
For the Appellant : K.B. Gangesh, Smitha Chathanarambath, Smt. Parvathi Sanjay, Amicus Curiae (B/O)
For the Respondents: Surin George IPE, S. Krishnamoorthy, Smt. Parvathi Sanjay Amicus Curiae, Smt. B. Vinitha.

JUDGMENT :

[P.B. Suresh Kumar, J.]

1. The question that arises for consideration in this appeal is whether the Principal of an affiliated private college in the State could be appointed otherwise than in accordance with the Regulations issued by the University Grants Commission (the UGC) for maintenance of the standards in institutions for higher education.

2. The writ appeal is directed against the judgment dated 25.10.2022 in W.P.(C) No.22124 of 2021. The appellant is the first petitioner in the writ petition. The dispute pertains to the right of the appellant to be considered for appointment to the post of Principal of a private college affiliated to the Mahatma Gandhi University (the University) by promotion. The second petitioner in the writ petition is the Manager of the College.

3. The appellant who is the senior most teacher of the College was appointed as Principal by promotion with effect from 01.04.2020. The proposal for approval of the appointment of the appellant as Principal was however not accepted by the University taking the stand that the Principal can be appointed only in accordance with the UGC Regulations on Minimum Qualifications for Appointment of Teachers an

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