Case Note & Summary
The petitioner, Vijay Digambar Hande, was appointed as Director of Physical Education by respondent no.4 Sharadopasak Shikshan Sanstha at Master Dinanath Mangeshkar Senior College. The petitioner possessed qualifications of M.A., M.P.Ed. in first class, had qualified the UGC fitness test, and had participated in national level volleyball competitions winning silver and gold medals. He also worked as a coach at national and state levels. The respondent no.3 University (Swami Ramanand Teerth Marathwada University) refused to approve his appointment by communication dated 02.03.2012 on the ground that the petitioner did not possess a Ph.D. degree. The petitioner challenged this communication by filing a writ petition under Article 226 of the Constitution of India. The petitioner argued that the UGC regulations prescribe M.P.Ed. as the minimum qualification for the post of Director of Physical Education and that the University cannot impose additional qualifications. The respondents contended that the University has the power to prescribe higher qualifications. The court analyzed the UGC regulations and held that the University cannot impose additional qualifications beyond those prescribed by the UGC. The court quashed the impugned communication and directed the University to approve the appointment of the petitioner from his initial date of appointment and pay him arrears of salary and regular salary for the post of Director of Physical Education.
Headnote
A) Education Law - Appointment of Director of Physical Education - UGC Regulations - University cannot impose additional qualification of Ph.D. when UGC regulations prescribe M.P.Ed. as minimum qualification - The petitioner possessed M.A., M.P.Ed. and qualified UGC fitness test - University's refusal to approve appointment on ground of lack of Ph.D. was held to be arbitrary and contrary to UGC regulations - Held that the impugned communication dated 02.03.2012 is quashed and the University is directed to approve the appointment from initial date (Paras 1-10).
Issue of Consideration
Whether the University can refuse to approve the appointment of a Director of Physical Education on the ground that the candidate does not possess a Ph.D. degree, when the UGC regulations prescribe M.P.Ed. as the minimum qualification?
Final Decision
The impugned communication dated 02.03.2012 issued by respondent no.3 University is quashed and set aside. The respondent no.3 University is directed to approve the appointment of the petitioner from his initial date of appointment and pay him arrears of salary as well as regular salary admissible for the post of Director of Physical Education. Rule made absolute accordingly.
Law Points
- University cannot impose additional qualifications beyond UGC regulations
- UGC regulations are binding on universities
- appointment of Director of Physical Education must be approved if candidate meets UGC norms
