Upholding the appointment of Kalyani Mathivanan as Vice-Chancellor of Madurai Kamaraj University, the Supreme Court on Wednesday laid down the law that UGC regulations of 2010 prescribing minimum qualification for appointment of Vice-Chancellors are not mandatory unless the State government adopts these regulations.
Setting aside a June 2014 judgment by the Madurai Bench of the Madras High Court, a Bench of Justices S.J. Mukhopadhaya and N.V. Ramana said Dr. Mathivanan’s posting was not in conflict with the UGC Regulations of 2010, as the State of Tamil Nadu had still not adopted them.
“UGC Regulations 2010 is directory for universities, colleges and other higher educational institutions under the purview of the State legislation, as the matter has been left to the State government to adopt and implement the scheme,” the judgment said.
Under the UGC Regulations, a person is required to be a distinguished academician with a minimum of 10 years experience as professor in a university system or 10 years of experience in an equivalent position in a reputed research or academic organisation to be considered for the post of Vice-Chancellor.
The apex court observed that had the State adopted the 2010 Regulations, the UGC’s conditions for eligibility as Vice-Chancellor would have had a “binding effect” on the varsity. In such a case, any Tamil Nadu State law contradicting the UGC regulations would have been rendered “inoperative”.
But without the Tamil Nadu adopting the UGC regulations, the latter have only “directory” and not “mandatory” value.
The verdict came on appeals against a June 26, 2014 judgment of the Madurai Bench of the Madras High Court setting aside the appointment of Dr. Mathivanan.
Writ petitions were separately filed by other aspirants seeking Dr. Mathivanan to show cause under what authority she continued as Vice-Chancellor.
However, Dr. Mathivanan countered that she was eligible for appointment under the Madurai Kamaraj University Act, 1965 – a State legislation.
Jubilation in MKU
Poorvaja S writes from Madurai:
A jubilant mood prevailed on the Madurai Kamaraj University premises here on Wednesday following the Supreme Court verdict that upheld the appointment of Vice Chancellor Kalyani Mathivanan.
Though the Vice Chancellor was at the Academic council meeting when the verdict was announced, a few students and staff from the college burst fire crackers in the campus.
Speaking to reporters after the meeting, Ms Kalyani said that while she was unaware of what the order fully stated. “I have been receiving many messages wishing me ,” she said. While exiting from the meeting, the VC was garlanded by a few staff members. Her tenure ends in April, 2015. Organisations which had been demanding the removal of Ms Kalyani as VCand had demanded an enquiry in the appointments made during her tenure expressed disappointment. “It is extremely disappointing that the verdict of the Madurai Bench was quashed,” said J. Arun, a member of the All India Students Association. Arun was one of the research scholars, who was expelled from the university.
Published - March 12, 2015 12:00 am IST
