IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Manipur Technical University & Ors. - Appellants
Versus
Mutum Shaymkesho Singh & Ors. - Respondents
MC(WP(C)) No. 151 of 2022 Ref:- WP(C) No. 805 of 2021, MC(WP(C)) No. 282 of 2022 Ref:- WP(C) No. 791 of 2021, MC(WP(C)) No. 283 of 2022 Ref:- WP(C) No. 807 of 2021, MC(WP(C)) No. 284 of 2022 Ref:- WP(C) No. 825 of 2021
Decided On : 15-09-2022
Manipulation - Appointment of Vice-Chancellor - UGC Regulations 2018 - 7.3 - Eligibility criteria for appointment to the post of Vice Chancellor - Order dated 7.12.2021 - Recruitment process of 32 posts of Assistant Professors - Advertisement dated 8.2.2021 and 2.7.2021
Fact of the Case:
The Manipur Technical University filed petitions to vacate an interim order that stalled the recruitment process for the appointment of a Vice-Chancellor and the declaration of results for 32 posts of Assistant Professors. The petitions arose from a challenge to an advertisement for the Vice-Chancellor position, alleging non-compliance with UGC Regulations.
Finding of the Court:
The court found that the interim order stalling the recruitment process for Assistant Professors was beyond the scope of the prayer made in the writ petitions challenging the Vice-Chancellor's appointment. It emphasized the importance of faculty for the university and allowed the university to declare the results of the recruitment process.
Issues: The pivotal challenge was to the advertisement for the Vice-Chancellor position, alleging non-compliance with UGC Regulations. The court also addressed the manipulation of the recruitment process for Assistant Professors and the reservation percentage adopted by the University.
Ratio Decidendi: The court set aside the interim order, emphasizing the importance of faculty for the university and the interest of the students. It found the interim order to be beyond the scope of the prayer made in the writ petitions and allowed the university to declare the results of the recruitment process for Assistant Professors.
Final Decision: The court allowed the university to open the sealed cover and declare the result of the recruitment process for 32 posts of Assistant Professors, setting aside the interim order dated 7.12.2021.
JUDGMENT
1. All these miscellaneous petitions have been filed by the Manipur Technical University to vacate the interim order dated 7.12.2021 passed in the batch of writ petitions.
2. For ready reference, the relevant portion of the order dated 7.12.2021 passed in the batch of writ petitions is reproduced hereunder:
'In compliance with the order dated 03-12-2021, it has been submitted by Mr. T.Momo, learned counsel appearing for respondent Nos. 2 & 3 that the Manipur Technical University has chosen the second option because of which it is directed that the Manipur Technical University may go ahead with the recruitment process and the result thereof shall not be declared till the next date and the same shall be kept in a sealed cover.
List the matters on 25-01-2022 for disposal in the category of admission in view of the urgency involved in the matter.
Learned counsel for the parties are directed to complete their pleadings by then. It is open to the learned counsel for the parties to make appropriate prayer before the Court on the next date for passing appropriate orders including the one modifying this order. In case these matters are not listed for one reason or another, it is further open to the learned counsel for the parties to make a prayer before the Hon'ble Chief Justice to get them listed at an early date' [emphasis supplied]
3. The pivotal challenge in the writ petitions is to the advertisement No.03 of 2021, dated 12.8.2021 issued by the Registrar, Manipur Technical University, Imphal, inviting applications for appointment to the post of Vice-Chancellor. The grievance of the petitioners is that the said advertisement runs contrary to the UGC Regulations dated 18.7.2018, more particularly to Regulation 7.3, which provides eligibility criteria for appointment to the post of Vice Chancellor. It is their plea that the advertisement contemplates additional eligibility criteria of experience in Technical Education and/or Academic Administration Organization, which is beyond the mandate of the UGC Regulations dated 18.7.2018.
4. According to the writ petitioners, the University proceeded to appoint the third respondent in the writ petitions to the post of Vice Chancellor vide the order dated 8.11.2021, though he is not qualified/eligible for appointment to the said post, as he is only a Selection Grade (SG) Lecturer, which is equivalent to the post of Associate Professor in Government Polytechnic, Takyelpet and, at present, he is working as Deputy Director, Technical Education, Government of Manipur.
5. The writ petitions were heard on various dates and on 7.12.2021, the order quoted above has been passed to the effect that the applicant Manipur Technical University may go ahead with the recruitment process and the result thereof shall not be declared till the next date and the same shall be kept in a sealed cover.
6. In such backdrop, the present applications have been filed by the Manipur Technical University raising a plea that by virtue of the order dated 7.12.2021, the recruitment process has been stalled and despite the recruitment process of 32 posts of Assistant Professors as per the advertisement dated 8.2.2021 and 2.7.2021 having been completed by 28.3.2022, the result is not declared till date and the same is kept in a sealed cover.
7. It is the further case of the applicants that the present writ petitions pertain to the appointment of the Vice- Chancellor, who has already been appointed on 8.11.2021 and it is nowhere connected with the recruitment process of 32 posts of Assistant Professors as per the advertisement dated 8.2.2021 and 2.7.2021. It is the specific case of the applicants that the Registrar issued the advertisements dated 8.2.2021 and 2.7.2021 in due compliance of the judgment and order dated 14.1.2021 in W.P. (C) No.401 of 2020. The University is in desperate need of faculties to conduct courses and by virtue of the interim order dated 7.12.2021, the recruitment process is hanging fire. In effect, the pray
The importance of faculty for the university and the interest of the students influenced the court's decision to set aside the interim order and allow the declaration of results for the recruitment p....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
The court established that the Minister's restrictions on the petitioner's powers as Vice-Chancellor were illegal and arbitrary, violating the provisions of the Manipur Technical University Act, 2016....
First choice in Section 13(7) of “Act” is Vice Chancellor of any other University in Kerala; and admittedly, all such persons are fully qualified in terms of both experience and educational qualifica....
The central legal point established is the court's emphasis on preventing academic disruption and the lack of evidence to challenge the eligibility and suitability of the successful candidate.
The UGC Regulations, 2018 prevail over the conflicting provisions of the concerned State Universities Act relating to the appointment of the Vice-Chancellor.
The UGC Regulations allow for the nomination method in appointing a Vice Chancellor, validating appointments even if candidates did not respond to advertisements.
Reappointment of Vice Chancellor without fresh selection is valid unless specified; initial appointment void for UGC non-compliance.
UCG Regulations has not been adopted by State Government and only reference made in respect to selection to post of Vice Chancellor of University is screening of applicants on their eligibility on ba....
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