I found This News Reported by Times of India Very Interesting.
government-aided, minority-administered arts and science colleges, whose manner of appointment is in dispute.
On Wednesday, the university had agreed to seek legal opinion on approving the appointments as an interim measure pending judicial verdicts, after a delegation of minorities met the higher education minister and the vice chancellor and sought the approval.
Even before the university could commence the consultation process, an advocate Ravi, who is keen that colleges should adhere to the UGC regulations while appointing faculty, has issued a legal notice cautioning that the matter was sub judice. "The action of the university in attempting to grant approval, if true, per se amounts to an act of contempt," he said while pointing out that the university had earlier given an undertaking before the Madras High Court that it will not grant conditional approval for faculty members appointed in violation of the UGC regulations.
The 160 faculty members were recruited by selection committees which did not comprise the mandatory nominees of the vice chancellor.
There are differing legal views on the issue. A few months ago when the university sought opinion on a similar case involving the approval of the appointment of the principal of the D G Vaishnav College, its legal adviser D Kandavadivel had said that "any appointment made without complying with the UGC Regulation should not be approved" as the matter was sub judice.
However, the university approved the appointment on the basis advocate general G Masilamani's opinion, who cited the Supreme Court judgment in the Malankara Syrian Catholic College case which said "the management is entitled to appoint the person, who according to them is most suited, to head the institution, provided he possesses the qualifications prescribed for the post."
Critics however said that the Malankara judgment did not deal with the UGC Regulations. "Also in the landmark TMA Pai Foundation case, the Supreme Court answering a question had said that the State or other controlling authorities can always prescribe the minimum qualification, experience and other conditions bearing on the merit of an individual for being appointed as a teacher or a principal of any educational institution. Regulations can be framed governing service conditions for teaching."
It remains to be seen how the university does the tightrope walk in the instant case.
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