Priya Varghese Nepotism Row| Kerala HC's Interpretation Of UGC Regulations Is Totally Incorrect, Says UGC In Its SLP
The University Grants Commission (UGC) has contended in the SLP filed by it against the Judgment of the Division Bench of the Kerala High Court upholding the selection of Priya Varghese to the post of Associate Professor in the Kannur University that the High Court's interpretation of the UGC Regulations is totally incorrect. Priya Varghese is the wife of Kerala Chief Minister Pinarayi Vijayan's private secretary.
"Thus, the findings arrived at by the Hon’ble High Court vide the impugned judgment is totally an incorrect interpretation of the UGC Regulations", says UGC in its SLP filed before the Apex Court.
The Single Judge of the High Court had considered the arguments of the UGC while holding that Priya Varghese did not have the relevant experience for the post of Malayalam Associate Professor at the University. However, while reversing the judgment of the Single Judge, the Division Bench interpreted the UGC Regulations to hold in favour of Priya Varghese, without considering what the UGC had to say about its own Regulations.
The UGC has contended in its SLP that the Single Judge had correctly held that the scrutiny committee of the University committed a grave error in accepting the assertion of Priya Varghese that she had the experience of teaching while pursuing PhD under the Faculty Development Programme as experience of teaching is ‘actual teaching experience’, and admittedly the Priya, while pursuing her PhD was not burdened with any teaching assignment and was a full time Research Scholar.
"..the Hon’ble High Court further ignored and failed to appreciate the observations/findings of the Ld. Single Judge that when the UGC, the author of the Regulations itself has taken a stand, then how can the court go beyond it or at variance to the same, particularly since, the binding precedents of the Hon’ble Supreme Court render the law that the Regulations of the UGC will override any contrary position in a Statute or a Legislation of the State", says the SLP.
On the issue of non-joinder of the University as a party, the UGC says that the Division Bench failed to appreciate that the Kannur University Act prescribed that the suits against the University be instituted in the name of the Registrar and the Provisional Rank List that was under challenge in the writ petition was issued by the Registrar of the University who was a party to the writ petition.
The UGC has contended that it is explicit from the UGC Regulations that the time taken to acquire PhD degree will not be counted as research/teaching experience except if it is done simultaneously with a teaching assignment without taking any kind of leave.
In its Judgment, the Division Bench of the High Court had also criticized the media for discussions on matters pending before the Court. It held, in the context of media reporting of court proceedings, that the new fundamental right to privacy is also available against private citizens.
Pursuant to the Judgment of the Division Bench, Kannur University has appointed Priya Varghese as an Associate Professor in the Malayalam Department. The SLP of the UGC is yet to be listed before the Apex Court.
Cause Title: University Grants Commission v. Priya Varghese & Ors.
