Chennai: Pointing out that the statutes and the UGC regulations are enacted and implemented in order to ensure that the constitutional mandate are implemented without any violations, the Madras high court has declared as null and void the process of selection conducted by the Pachaiyappas Trust Board through its selection committee and college committee and directed the interim administrator to conduct a fresh selection for appointments/promotions to the post of Principal for all the colleges (including Pachaiyappas College for men in Chennai) by strictly following the UGC regulations.
Justice S.M.Subramaniam said the process of selection is directed to be concluded as expeditiously as possible and without causing any delay.
“The interim administrator is directed to look into the complaints made by the petitioners and other members in respect of corrupt activities in the process of selection and file appropriate complaint before the director of vigilance and anti-corruption, who in turn, shall probe the issues in relation to the corrupt activities in the process of selection, with reference to the competent educational authorities, and the University and initiate all appropriate actions”, the judge added.
The judge allowed the petitions filed by R.Nanthini and six others, which also challenged the appointment of N.Shettu, as principal of Pachaiyappa’s College, Chennai.
Concurring with the submissions of B.Saraswathi, counsel for Nanthini and K.V.Sundararajan, counsel for the Interim Administrator, Justice P.Shanmugam, a retired judge of the Madras high court, Justice S.M.Subramaniam said the State Act contemplates that if the educational agency was administering more than one college, then the colleges under the control of the educational agency shall be treated as one unit for the purpose of promotions. However, for appointment to the post of principal for four colleges, separate selection committee had been constituted and separate selection process was conducted without treating all the colleges as one unit. When these all are the statutory violations and illegalities now identified by the interim administrator and brought to the notice of this court on record, this court has no hesitation in coming to the conclusion that the entire selection was conducted not in consonance with the statutes, and regulations and more specifically on extraneous considerations, the judge added.
The judge said this court has no doubt in its mind that the authorities had committed these illegalities and violations, wantonly and intentionally in order to extend favourtism and nepotism to few people, whom they considered as their own men or their choice. This court has to ensure that such violations, favourtism and nepotism were not repeated again and again. The public authorities were also not vigilant in scrutinizing the proposals submitted by the trust board. Contrarily, appointment of approvals were granted without even verifying the procedures followed for selecting the candidates and in respect of the appointments made. “Officials must be personally held liable and all suitable stringent actions are to be initiated to ensure that the efficiency in public administration is maintained by the state”, the judge added.
