Professor Challenges Rejected Appointment Due to Selection Committee Irregularity.
04 April 2024
Administrative Law >> Constitution & Law Procedure | Employee Related >> Corporate Law | Education >> Miscellaneous
A Maharashtra college professor's dream of becoming principal faces a roadblock due to a technicality surrounding the selection committee that nominated her. The crux of the legal battle lies in whether the committee's composition adhered to strict regulations set by the University Grants Commission (UGC). The professor has challenged the university's rejection of her appointment, sparking a debate on the interpretation of selection committee protocols.
Professor Seeks Appointment as Principal:
The Petitioner, a professor at the unnamed college, emerged as the preferred candidate after a selection process overseen by a committee. However, the university refused to approve her appointment, citing irregularities in the committee's composition.
The Dispute:
The core issue revolves around the mandatory presence of the college's governing body chairman during the selection committee meeting. According to the University Grants Commission (UGC) regulations, the chairman acts as the chairperson of the selection committee.
In this instance, the chairman was unable to attend the meeting and designated a representative. The crux of the legal battle hinges on whether this delegation of authority was permissible.
Court Rules Against Delegation:
The court, after careful consideration of the UGC regulations, ruled that the chairman's presence is indispensable. The regulations clearly state that the governing body chairman shall be the chairperson of the selection committee, leaving no room for interpretation or delegation.
Selection Committee Deemed Invalid, Appointment Rejected:
Since the committee lacked the mandated composition as per UGC regulations, the court upheld the university's decision to reject the professor's appointment. The absence of the chairman rendered the selection process flawed.
Conclusion:
This case highlights the importance of adhering to established procedures, particularly when it comes to crucial appointments like college principals. The court's decision emphasizes the strict adherence to UGC regulations to ensure a fair and transparent selection process.