The impugned U.G.C. Regulations, 2000, more particularly, paragraph Nos. 1.0 and 5.0 of the same, are perfectly valid and there are no valid and proper reasons to strike down the same as unconstitutional and ultravires.

V. Ramasubramanian, J.

In exercise of the powers conferred by Clauses (e) and (g) of sub section (1) of section 26 read with section 14 of the University Grants Commission Act, 1956, the University Grants Commission framed Regulations known as, "University Grants Commission (minimum qualifications required for the appointment and career advancement of teachers in Universities and Institutions affiliated to it) Regulations, 2000". These Regulations (hereinafter referred to as U.G.C. Regulations) prescribed (i) the qualifications for direct recruitment to the posts of Principal (Professors Grade and Readers Grade), Professor, Reader and Lecturer, (ii) career advancement to the Lecturers and (iii) the constitution of Selection Committees for selection to these posts.

2. The U.G.C. Regulations were forwarded to the Vice Chancellors of all the Universities and to the Education Secretaries of all State Governments in April, 2000. Since it came to the notice of the Commission that some Universities were not following the procedure prescribed under the Regulations, for the constitution of Selection Committees, the Commission sent a letter dated 110. 2004 to all Vice Chancellors and State Governments. Based on these communications, the Syndicate of the University of Madras passed a Resolution on 011. 2004 to strictly adhere to the U.G.C. Regulations and issued a circular dated 211. 2004 to all the affiliated Colleges informing them of the same.

3. Similarly, the Manonmaniam Sundaranar University also issued a circular dated 03.07.2006 informing all affiliated Colleges that a Selection Committee as prescribed by U.G.C. Regulations, should be constituted.

4. Challenging the aforesaid circular issued by the University of Madras dated 211. 2004 and the circular of the Manonmaniam Sundaranar University dated 03.07.2006 and also challenging paragraph No.1. 0 and 5. 0 of the U.G.C. Regulations (which prescribe the constitution of Selection Committees for Lecturers and Principals in Private Colleges), the Association of Management of Private Colleges, came up with a writ petition in W.P.No. 25433 of 2006.

5. In the meantime, a person, by name, Dr.M.S.Arulmani, working as Reader and Head of the Department of Tamil in a Private aided College, by name, Kamaraj College, Tuticorin, challenged his non selection to the post of Principal of the College, in a writ petition in W.P.No.17630/05. His challenge, among other things, was on the basis that the selection was made by a Committee not constituted in accordance with the U.G.C. Regulations, 2000.

6. By an order dated 10.03.2006, the said writ petition W.P.No.17630 of 2005 filed by Dr.M.S.Arulmani against his non selection to the post of Principal, was allowed by a learned Judge, accepting his contention that the selection ought to have been made only by a Committee constituted in accordance with the U.G.C. Regulations, 2000.

7. As against the said order in W.P.No.17630 of 2005, the Kamaraj College, Tuticorin, filed an appeal in W.A.No.585 of 2006. Similarly, the candidate selected for the post of Principal, by name, Dr.J.Mohanraj, (whose selection was set aside at the instance of Dr.M.S.Arulmani) also filed an appeal in W.A.No.1305 of 2006.

8. In the meantime, the writ petition filed by the Association of Managements of Private Colleges, W.P.No.25433 of 2006, challenging the validity of the U.G.C. Regulations, 2000 was dismissed by another learned Judge, by an order dated 12.09.2006, following the ratio laid down in W.P.No.17630 of 2005 (in the case of Dr.M.S.Arulmani). Therefore, the Association filed an appeal in W.A.No.1322 of 2006 against the order in W.P.No.25433 of 2006.

9. Since one writ appeal arises out of a challenge to the U.G.C. Regulations and the other two writ appeals arise out of a challenge to the selection to the post of Principal in a Private aided College, in violation of the U.G.C. Regulations, all the three writ appeals were taken up together for disposal.