Case Note & Summary
The petitioner, Vijay Digambar Hande, was appointed as Director of Physical Education by respondent nos. 4 and 5 (the college management) on 01.07.2009. He 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 medals. The appointment was made following due process including advertisement and interview. However, respondent no. 3 University (Swami Ramanand Teerth Marathwada University) refused to approve the appointment by communication dated 02.03.2012, stating that the petitioner did not possess a Ph.D. degree as required by the University's own ordinances. The petitioner challenged this refusal. The court examined the UGC Regulations on minimum qualifications for appointment of teachers in universities and colleges, which prescribe only a Master's degree in Physical Education with at least 55% marks and a qualified fitness test for the post of Director of Physical Education. The court held that the UGC Regulations are binding on all universities and 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 petitioner's appointment from his initial date of appointment, with consequential benefits including arrears of salary.
Headnote
A) Service Law - Appointment - Approval - University cannot impose additional qualifications beyond UGC Regulations - The University refused to approve the appointment of the petitioner as Director of Physical Education on the ground that he did not possess a Ph.D. degree, whereas the UGC Regulations prescribe only a Master's degree in Physical Education as the minimum qualification - Held that the University cannot insist on a Ph.D. degree as an additional qualification when the UGC Regulations do not require it, and the appointment must be approved from the initial date (Paras 5-10).
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 only a Master's degree in Physical Education as the minimum qualification.
Final Decision
The impugned communication dated 02.03.2012 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 i.e. 01.07.2009, and to pay him arrears of salary and 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
