University Bound To Follow UGC Regulations Even While Making Contractual Appointments, Selection Committee To Be Headed By Vice Chancellor: Kerala HC

Tulip Kanth

8 Feb 2025 1:45 PM IST

A member of the Syndicate of the University of Kerala approached the High Court seeking quashing of the Minutes of the meeting of the Standing Committee.

The Kerala High Court set aside the Minutes of the meeting of the Standing Committee of the Syndicate of the University of Kerala to the extent of the formation of the Selection Committee for the selection of Assistant Professors on a contract basis. The High Court held that UGC Regulations, 2018, mandate a Committee to be headed by the Vice-Chancellor.

The petitioner, who is a member of the Syndicate of the University of Kerala, approached the High Court seeking quashing of the Minutes of the meeting of the Standing Committee whereby it was decided that a Selection Committee for the selection of Assistant Professors on a contract basis be constituted in each Department. It was proposed that the Committee would consist of the Convenor of the Standing Committee of the Syndicate on Staff, Equipment and Buildings, the Registrar, the Head of the Department concerned and a Subject expert.

The Single Bench of Justice N.Nagaresh held, “In view of the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 and Division Bench judgment of this Court in WA No.96/2022, the writ petition is liable to be allowed."

Advocate P. Anirudhan represented the Petitioner while Senior Advocate P.Sreekumar represented the Respondent.

Arguments

It was the Petitioner’s case that the University Grants Commission has framed the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018. As per Regulation 5.1, a Selection Committee for appointment to the post of Assistant Professor should be chaired by the Vice-Chancellor or his nominee. It was contended that the constitution of the Selection Committee is also different. Respondents are bound to follow the UGC Regulations in the matter of selection but the same is not being done.

Reasoning

On a perusal of the UGC Regulations, the Bench noted that the same mandates a Committee headed by the Vice-Chancellor or a person nominated by the Vice Chancellor. The Committee constituted by the University consists only of the Convenor, Standing Committee of Syndicate on Staff, Equipment and Buildings, Registrar, Head of the Department concerned and the Subject Expert.“The constitution of the Selection Committee as per Ext.P1 is in conflict with Ext.P2 UGC Regulations”, it said.

Reference was made to the judgment of the Division Bench in WA No.96/2022 wherein it was held that the University shall not resort to contract appointments otherwise than in accordance with the 2018 Regulations.

The Bench thus disposed of the Petition by setting aside the Minutes of the meeting of the Standing Committee of the Syndicate to the extent of formation of the Selection Committee constituted for the appointment of Assistant Professors on a contract basis. “Any consequential action taken pursuant to the meeting held on 07.06.2024 will also be null and void. It is made clear that the University and its authorities will be at liberty to make appointments to the post of Assistant Professors following the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018”, it clarified.

Cause Title: P. S. Gopakumar v. The Chancellor, University of Kerala & Ors. (Neutral Citation: 2025:KER:8445)

Appearance

Petitioner: Advocates P. Anirudhan, Santheep Ankarath

Respondents: Senior Advocate P.Sreekumar, Senior Government Pleader Premchand R. Nair, Advocates S.Prasanth, Thomas Abraham

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Tulip Kanth

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.