Case Note & Summary
The petitioner, Dr. Mohd. Asif Nabi Sheikh, filed a writ petition challenging the appointment of respondent no.3, Shyam Bhojraj Punde, as Principal of Mahila Kala Mahavidyalaya, Umrer, a college affiliated to Nagpur University. The petitioner contended that the appointment was made in violation of the University Grants Commission (UGC) Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, which came into force on 30 June 2010 and were adopted by the State of Maharashtra on 15 February 2011. Specifically, the petitioner argued that respondent no.3 did not possess the minimum Academic Performance Indicators (API) score of 400 points as required by the regulations, and that his selection pursuant to an advertisement dated 27 June 2013 should be treated as a fresh selection, making the API score mandatory. The respondents, including the college, the university, and respondent no.3, opposed the petition, relying on Clause 4.2.0(iv) of the UGC Regulations, which exempts a person already working as a Principal in an aided college from the API score requirement when being appointed as Principal in another college. The court, after hearing the parties, held that Clause 4.2.0(iv) clearly applies to respondent no.3, who was already working as a Principal in an aided college affiliated to Nagpur University. The court noted that the clause states that the API score requirement is not applicable to such persons, and therefore, the selection of respondent no.3 was valid. The court dismissed the petition, upholding the appointment of respondent no.3 as Principal. The judgment was delivered by a division bench of Justices B.P. Dharmadhikari and Mrs. Swapna Joshi on 9 November 2017.
Headnote
A) Service Law - UGC Regulations - API Score Requirement - Clause 4.2.0(iv) of UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 - The petitioner challenged the appointment of respondent no.3 as Principal of Mahila Kala Mahavidyalaya, Umrer, on the ground that respondent no.3 did not possess the minimum API score of 400 points as required by the UGC Regulations. The court held that Clause 4.2.0(iv) specifically exempts a person already working as a Principal in an aided college from the API score requirement when being appointed as Principal in another college, as the clause states that the API score requirement is not applicable to such persons. The court dismissed the petition, upholding the appointment. (Paras 4-6) B) Service Law - UGC Regulations - Applicability - Clause 4.2.0(iv) of UGC Regulations, 2010 - The court interpreted Clause 4.2.0(iv) to mean that the API score requirement is not applicable to a person who is already working as a Principal in an aided college and is being selected for the same post in another college. The court rejected the petitioner's argument that the selection was a fresh selection, holding that the clause clearly exempts such persons from the API score requirement. (Paras 4-6)
Issue of Consideration
Whether the UGC Regulations requiring a minimum API score of 400 points apply to a person already working as a Principal in an aided college when he is selected for the same post in another college, or whether Clause 4.2.0(iv) exempts such a person from the API score requirement.
Final Decision
The court dismissed the writ petition, upholding the appointment of respondent no.3 as Principal of Mahila Kala Mahavidyalaya, Umrer.
Law Points
- UGC Regulations 2010
- API score requirement
- Clause 4.2.0(iv)
- applicability to already working principals
- fresh selection vs. continuation
