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2021 Supreme(Online)(Ker) 58732
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PROFESSOR (DR) SREEJITH P.S. – Appellant
Versus
DR. RAJASREE M.S. – Respondent
WA 514/2021
UGC regulations require state adoption to be binding; absent specific adoption, they remain directory and cannot override statutory provisions, validating the Vice Chancellor's appointment process.
Headnote:
Quo-Warranto - Vice Chancellor Appointment - A.P.J. Abdul Kalam Technological University Act, 2015, UGC Regulations, 2010 - The court evaluated the validity of a Vice Chancellor's appointment against statutory provisions and regulatory compliance, concluding that UGC Regulations were not binding without state adoption of amendments.
Fact of the Case:
The appellant challenged the appointment of the 1st respondent as Vice Chancellor, claiming flaws in the Search Committee composition and procedural violations under the 2015 Act and UGC Regulations 2010. He was excluded from the shortlist and questioned the legality of the process used in the appointment.
Finding of the Court:
The court determined that the Search Committee was constituted as per the 2015 Act and noted that the relevant UGC Regulations were directory in nature and not binding without specific adoption by the State Government. Therefore, the appointment process was valid.
Issues: Whether the Search Committee’s composition adhered to the UGC Regulations and the proper amendment process was followed in appointing the Vice Chancellor under the Act.
Ratio Decidendi: The UGC Regulations are not mandatory unless specifically adopted by the State Government. In this case, since the amended regulations were not adopted, the appointment process was lawful as per the University Act.
Final Decision: The Writ Appeal was dismissed.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR &
THE HONOURABLE MR.JUSTICE GOPINATH P.
MONDAY, THE 2ND DAY OF AUGUST 2021/11TH SRAVANA, 1943 W.A NO.514 OF 2021 AGAINST THE JUDGMENT DATED 12.02.2021 IN WP(C).NO.33004/2019 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:
PROFESSOR (DR) SREEJITH P.S.
AGED 60 YEARS “ASHTAPATHY”, KANIYANKUNNU, EAST KADUNGALLOOR, U.C. COLLEGE P.O, ALUVA-683 102, KERALA.
BY ADV SHYAM KRISHNAN RESPONDENTS/RESPONDENTS:
1 DR. RAJASREE M.S.
T.C. 20/1679(1), MITHILA, SASTRI NAGAR, KARAMANA P.O, THIRUVANANTHAPURAM, KERALA-695 002, NOW WORKING AS VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, THIRUVANANTHAPURAM-695 016.
2 THE CHANCELLOR, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, KERALA RAJ BHAVAN, THIRUVANANTHAPURAM-695 001
3 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, THIRUVANANTHAPURAM-695 016, REPRESENTED BY ITS REGISTRAR.
4 GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
5 THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002 BY ADVS.SRI.O.V.RADHAKRISHNAN (SR.)
SRI.K.JAJU BABU (SR.)
BY SRI.A.J.VARGHESE, SR. GOVT. PLEADER SHRI.ELVIN PETER, SC, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL SRI.S.KRISHNAMOORTHY, CGC SMT.K.RADHAMANI AMMA SMT.M.U.VIJAYALAKSHMI, COUNSEL FOR THE CHANCELLOR OF UNIVERSITIES IN KERALA SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON 02.08.2021 DELIVERED THE FOLLOWING:
J U D G M E N T
A.K. Jayasankaran Nambiar, J.
The petitioner in W.P.(C).No.33004/2019 is the appellant before us, aggrieved by the judgment dated 12.2.2021 of the learned Single Judge in the writ petition. The writ petition was one seeking the issuance of a writ of Quo-Warranto to declare the appointment of the 1st respondent as Vice Chancellor of APJ Abdul Kalam Technological University, Thiruvananthapurm, as void ab initio and for other incidental reliefs. The brief facts necessary for disposal of the Writ Appeal are as follows:
The appellant holds an Engineering Degree from the Kerala University, an MTech Degree from IIT, Kanpur and a PhD from IIT, Chennai in the discipline of Mechanical Engineering. He joined the Cochin University of Science and Technology as Reader [Associate Professor] and the Head of Department of Mechanical Engineering in 2000. He was a Professor for 13 years and a Dean of the Faculty of Engineering for three years. After his retirement on 31.5.2019, on attaining 60 years of age, he was appointed as Principal of the Rajagiri College of Engineering. Just prior to his retirement, the appellant had responded to Ext.P6 Notification dated 21.12.2018 that invited applications for selection to the post of Vice Chancellor of the APJ Abdul Kalam Technological University. The said Notification was the second Notification issued during 2018, and while the petitioner had responded to the earlier Notification dated 30.7.2018 inviting applications and had been invited for a conversation in connection with the selection procedure, those proceedings were subsequently abandoned, and a fresh Notification [Ext.P6] was issued calling for applicants for the said post. This time round, the appellant was not invited for any conversation, and on 19.2.2019, the 1st respondent was appointed as the Vice Chancellor of the APJ Abdul Kalam Technological University. Ext.P7 order dated 19.2.2019 is the order appointing the 1st respondent as Vice Chancellor. It would appear that the appellant, on coming to know about the appointment of the 1st respondent, made various attempts to get information regarding the 1st respondent's credentials, and notwithstanding the letter written by him seeking information, he was only able to get limited information to the effect that out of 26 applicants, only 22 were found
