Point of Law: Section 59(2) of Mahatma Gandhi University Act provides for appointment to post of Principal by promotion as well, in addition to direct recruitment.

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 and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (the Regulations) and that the appointment of the appellant was not in accordance with the Regulations inasmuch as the same was made without conducting a selection as provided for in the Regulations. Ext.P4 is the communication issued by the University to the Manager of the College in this regard. The Manager of the College thereupon wrote Ext.P5 letter to the University seeking review of the decision communicated to him, pointing out that Section 59(2) of the Mahatma Gandhi University Act (the Act) provides for appointment to the post of Principal by promotion as well, in addition to direct recruitment; that the Regulations though prescribe qualifications of candidates for appointment as Principal, it does not prohibit appointment to the post of Principal by promotion and that inasmuch as the appellant holds the qualifications prescribed in the Regulations, her appointment is in order. It was also pointed out by the Manager in Ext.P5 letter that the College being a minority institution, its management is free to appoint any teacher of its choice as the Principal. Ext.P6 is the communication issued by the University to the Manager in response to Ext.P5 letter. In Ext.P6, the University has reiterated its stand taken in Ext.P4 communication. Exts.P4 and P6 communications were under challenge in the writ petition. The appellant also sought a direction in the writ petition to the University to approve her appointment as the Principal of the College with effect from 01.04.2020.

4. A statement was filed on behalf of the University in the writ petition reiterating the stand taken in Exts.P4 and P6 communications.

5. The learned Single Judge upheld the stand of the University and dismissed the writ petition holding that the Regulations will prevail over Section 59(2) of the Act. It is aggrieved by the said decision of the learned Single Judge that the appellant has come with this appeal.

6. Heard the learned counsel for the appellant, the learned Standing Counsel for the University as also the learned amicus curiae appointed in the matter.

7. The learned counsel for the appellant reiterated the stand taken by the Manager in Ext.P5 letter that though the Regulations prescribe qualifications for appointment to the post of Principal and provide that appointment shall be made by direct recruitment, it does not prohibit appointment to the post of Principal by promotion. It was argued by the learned counsel that inasmuch as Section 59(2) of the Act enables appointment to the post of Principal by promotion on the principle of seniority-cum-fitness, in the absence of any provision in the Regulations prohibiting appointment by promotion, it can