Kerala High Court quashes lecturer postings that flouted UGC guidelines

Kochi: Kerala High Court on Tuesday held that the appointments made by colleges under Kerala and MG universities in contravention of the UGC regulations to the posts of lecturers and principals after 2010 are illegal.

A full bench of the High Court comprising Justice Antony Dominic, Justice A. Hariprasad and Justice P.B. Suresh Kumar observed, “in view of the state adopting UGC regulations with effect from September 18, 2010 the universities and affiliated colleges in the state are bound to comply with the UGC regulations 2010.”

The bench also held that the selections made thereafter could only be in compliance with the said regulations. The fact that the university statues were not amended is inconsequential, the court observed.

Senior counsel Jaju Babu appeared for the petitioners who challenged the appointments of principals of various colleges under the Kerala and Mahatma Gandhi universities. Government pleader Girija Gopal defended the government.

A division bench had earlier held that since necessary amendments had not been incorporated in the university statutes, it cannot be held that the management of affiliated colleges are bound to follow the same.

The petitioners argued that only those selection grade lecturers who have PhD qualification as mandated in the UGC regulations can be appointed as principals.

The division bench overruled the division bench order and passed the verdict. The universities and the college authorities had contended that the regulations had no relevance as long as appointment were made in terms of the university statute as it stood at the relevant time.