Point of Law : UGC regulations - There was no provision in the M.G. University Law for fixing the tenure of appointment of Principals as deemed to be permanent nature.

ORDER :

The instant petition has been filed for grant of the following substantive reliefs:

1. That directions may very kindly be issued directing the respondent No.1 to strictly adhere to University Grant Commission Regulations, 2018 as well as State Regulations, 2012 and further by directing the respondents not to make any appointment by way of promotion or direct recruitment of any incumbent who does not possess a PHD degree.

2. That respondents may very kindly be directed not to make any promotion may be adhoc or officiating and further not to make any appointment by way of direct recruitment to the post of principal college cadre of any person who does not hold a PHD degree in the interest of law and justice.

3. That appropriate writ, order or direction may very kindly be issued and the notification dated 27th February 2020 i.e. Himachal Pradesh Higher Education Department, Principal (College Cadre), Class-I (Gazetted) Recruitment and Promotion Rules, 2020 may very kindly be quashed and set aside and further directions may very kindly be issued to the respondents to strictly follow the Himachal Pradesh Higher Education Department (Minimum Qualification for Promotion of Teachers and other Equivalent Cadre and Librarians (College Cadre) of Government Degree Colleges, Government Sanskrit Colleges and other Measures for Maintenance of Standards) Regulations, 2012 as well as the UGC Regulations, 2010 as duly adopted by the State on 6th June, 2011 by further directing the State of Himachal Pradesh to make PHD a mandatory requirement for the post of Principal (College Cadre), in the interest of law and justice.

2. It is averred that all the petitioners are serving as Associate Professors in the colleges of State of Himachal Pradesh and possess Ph.D. degree, therefore, are fully eligible for promotion/appointment to the post of Principal (college cadre) as per State regulations and also University Grants Commission (UGC) regulations, as amended from time to time. It is averred that the respondents-State framed the Recruitment and Promotion Rules for the post of Principal (college cadre) vide notification dated 18.3.2014, wherein it was provided that the post of Principal (college cadre) would be filled up 75% by way of promotion and 25% by direct recruitment.

3. It is further averred that the UGC framed regulations in the year 2010 by repealing earlier regulations dated 4.4.2000. As per clause 4.2.0, of regulations 2010, the qualification as required for the appointment of Principal is that a candidate must possess a master’s degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) by a recognized university and Ph.D degree along with experience/service of at least 15 years. However, these regulations were subsequently amended vide notification dated 18.7.2018 and in terms thereof, eligibility/ qualification for the post of Principal (college cadre) as provided vide clause 4.1 (v is Ph.D. degree with 15 years of experience as Professor/Associate Professor, minimum of 10 research publications and minimum of 110 research score as per appendix II, table 2 enclosed with the regulations.

4. Whereas in the rules framed by the State Government known as Himachal Pradesh Education Department, Principal College Cadre, (Class-I Gazetted) Recruitment and Promotion Rules, 2004, the qualification to the post of Principal (college cadre) is provided in clause 7, which reads as under:-