[Reader-list] UGC Selection Committee vs College Management Committee, Merit vs Money

[mprabhakar prabhakar]

Appointment of college teachers
   
  Sir,
  The UGC Regulations 2000 lays down strict and mandatory guidelines regarding the appointment of teachers in universities and colleges with certain prerequisites, one of them being making appointments of lecturers by UGC stipulated selection committee as per UGC Regulations 2000 para 3.1.0 comprising -
 
1.Chairperson of the Governing Body of the College or his/her nominee to be the Chairperson of the Selection Committee,
  2. the Principal of the concerned College,
  3. One senior teacher/Head of the Department (of the concerned subject) preferably having not less that 10 years of services as a teacher,
  4.Two nominees of the Vice Chancellor of the affiliating University of whom one should be a subject expert,
5.Two subject-experts not connected with the college to be nominated by the Chairperson of the governing body out of a panel of names approved by the Vice Chancellor.
 
For Government Colleges, the State Public Service Commission must invite three subject experts for which the State Public Service Commissions will involve the University in the selection. The Principal and Head of the Department should be necessarily included in the Selection Committee.
  The quorum for the meeting should be five of which at least two must be from out of the three subject experts. 
  However, few of the defaulters especially the so-called minority colleges under deficit scheme, who under the garb of special privilege continue to flaunt the requirement which shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission. Consequences of failure of universities to comply with recommendations of the Commission, as per provisions of Section 14 of the University Grants Commission Act, 1956.
  Why is the Central, Ministry of HRD, UGC turning a blind eye or the State Government relaxing the said requirement by minority colleges contrary to UGC regulation?
  The surprising fact is that the University of Madras in its Meetings of the Syndicate held on 30th November 2006 have passed resolutions contrary to UGC Regulations 2000 and its own circular letter dated 2-12-2004 No.A-II/ASO-1/PRES.QLN/2004/1953 adopting UGC Regulations 2000 in toto and also contrary to many judicial precedents uphelding UGC stipulated selection committee over college management committee.
  The letter from then Registrar, University of Madras dated 2-12-2004 No.A-II/ASO-1/PRES.QLN/2004/1953 spells the composition of selection committee for selection of Principal and Lecturer as per UGC Regulation 2000 and also states that the selection process shall involve assessment of teaching and research aptitude, communication (by group discussion or class lecture demonstration), discussion and analysis ability.
  The same letter categorically states that request for grant of approval of qualifications in respect of said appointments will not be considered by the University, if the prescribed selection procedures are not followed by the college managements during selection of Principals and other teaching posts.
  The extract of minutes of syndicate meeting on 30th November, 2006 is as follows:
  Mr.Harish Mehta, Syndicate Member with due permission of the Chair, put forward a special resolution pertaining to the University’s Regulation with respect to approval of appointment of faculty in the affiliated and aided colleges of the the University. The existing practice of overlooking the Private Colleges Regulation Act which authorizes the college managements to constitute selection committee for appointment of the faculty and insisting that the UGC guideline of inclusion of Vice Chancellor’s nominee in the Selection Committee be followed for approval of appointments has led to bottleneck in the appointment of faculty to vacant position sanctioned by the Government of Tamilnadu. The Director of Collegiate Education pointed out that this anomaly existed only in the case of University of Madras and Manonmanium Sundarnar University, Tirunelveli. An appeal was made to Syndicate to pass a resolution to approve the selection committees constituted by the
 college managements under the Private Colleges Regulation Act as in the case of the other Universities in Tamilnadu. This was essential to facilitate appointment of faculty so as to enable the positions sanctioned against vacancies by the Government of Tamilnadu to be filled up by the affiliated aided colleges.
   In this respect, the Syndicate UNANIMOUSLY
  RESOLVED to approve the Selection Committee constituted by the college managements under the Private Colleges Regulation Act to appoint faculty in the vacant sanctioned positions.
  RESOLVED FURTHER that all appointments made by college Committees as per the Private Colleges Regulation Act, be approved subject to the fulfillment of the minimum eligible qualifications laid down by the UGC and followed by the University of Madras.
  Resolved also that the Circular in this regard issued in August 2004 be withdrawn in the light of the UGC’s guidelines being recommendatory and not mandatory.
  RESOLVED ALSO that the above three resolutions be given effect subject to the outcome of the Hon’ble High Court in WA No. 1322/2006 filed by the Association of Management of Private Colleges against the Single Judge Judgement in WP No. 25433/2006. 
  The above extract brings out following impacts. 
  The concerned syndicate member who moved such a resolution is secretary of many colleges. The one among, which recently made appointments by college management committee. As per prevailing norms any interested member is not allowed to speak or vote on the interested matter in meeting so as to be free of personal bias.
  The chairperson of meeting allowing such a contrary resolutions for motion exihibits the sheer ignorance on his part or otherwise an act under heavy pressure from lobbies. The DCE’s contention is baseless, as many universities have adopted UGC Regulation 2000 in words as well as deeds. The regulations are mandatory throughout India even if not officially adopted by any university. 
  The sound and legal practice of making appointments by UGC selection committee is not a bottleneck. The obstacle is the unwillingness of college managements in following mandatory regulation.
  The concept of college management committee as stipulated by Tamilnadu Private College Regulation Act 1976 is outdated and eclipsed in the light of UGC Regulations 2000 (dated 4-4-2000) stipulated selection committee and Mrs.Justice Prabhasridevan  Madras High Court too upheld the same in WP 25433/2006 in its judgement dated 12-9-2006. The concept of selection committees vide para 3.1.0 and other paras form integral part of minimum qualifications criteria. 
  The resolution appealing approval of management committee and qualification of candidates favoured by such committee amounts to contempt of court as matter is pending in Madras High Court in WA 1322/2006 filed by one Mr.Aruchami, secretary of Private colleges association cosequent of disposal of WP 25433 filed by the same gentleman which upheld UGC selection committee, quashing management committee for selection of teachers. Still three more case are pending in Madras high Court on the same issue.
  The essentiality should not be in making illegal appointments but appointment by proper selection procedure more so when funded by public exchequer.
  The withdrawal of its own circular is shameful and yet another chameleon act on the part of infamous syndicate of prestigious potential for exellence Madras University.
  The slightest happiness is that all these illegal resolutions will take effect subject to outcome of pending case. But the malafide intention of syndicate in making money win over merit, inculcating favouritism in such public appointments defying the principles and legality of neutrality and impartiality is exposed.   
  The Governments and other watchdogs of higher education must see that only persons appointed by stipulated selection committee along with other requirements get appointed to these institutions as lecturers as they draw salary from the government.
  Enclosed:
   
  
University Grants Commission (minimum qualifications required for the appointment and Career Advancement of teachers in Universities and institutions affiliated to it) Regulations, 2000(ii)
  
University Grants Commission
Bahadur Shah Zafar Marg, New Delhi - 110 002
No.F.3-1/2000(PS)
4th April, 2000
NOTIFICATION
In exercise of the powers conferred by clause (e) & (g) of sub-section (1) of Section 26 read with Section 14 of University Grants Commission Act, 1956 (3 of 1956), and in supersession of the Regulations issued under University Grants Commission letter No.F.1-93/74(CPP) Part (v) dated 13th June, 1983 and No.F.1-11/87 (CPP-II) dated 19th September, 1991 and Notification No.1-93/74(CP) dated 19th February, 1985 26th November, 1985 and No.F.3-1/94(PS) dated 24th December, 1998, the University Grants Commission hereby makes the following regulations, namely :-
1.Short Title, application and commencement : 
(i) These regulations may be called the University Grants Commission (minimum qualifications required for the appointment and Career Advancement of teachers in Universities and institutions affiliated to it) Regulations, 2000
(ii) They shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognised by the Commission, in consultation with the university concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every institution deemed to be a university under Section 3 of the said Act. 
(iii) They shall come into force with immediate effect.
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
3.Consequences of failure of universities to comply with recommendations of the Commission, as per provisions of Section 14 of the University Grants Commission Act, 1956. 
If any university grants affiliation in respect of any course of study to any college referred to in sub-section (5) of Section 12-A in contravention of the provisions of that sub-section or fails within a reasonable time to comply with any recommendations made by the Commission under Section 12 or Section 13, or contravenes the provision of any rule made under clause (f) or clause (g) of sub-section (2) of Section 25 or of any regulations made under clause (e) or clause (g) of sub-section (1) of Section 26, the Commission after taking into consideration the clause, if any, shown by the university for such failure or contravention, may withhold from the university the grants proposed to be made out of the Fund of the Commission. 
Sd/-
(R.P.Gangurde)
Secretary
  To
The Assistant Controller
Publication Division
  ANNEXURE
 
Minimum qualifications for the post of Professors, Principals, Readers and Lecturers in subjects other than Fine Arts, Management, Engineering and Technology in Universities or Colleges for appointment of persons through open advertisement and for their Career Advancement.
1.0.0 Direct Recruitment
………………………………………………………………………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………..
3.0.0 Selection Committees recommended by UGC. 
3.1.0 Lecturer in Private College
1) Chairperson of the Governing Body of the College or his/her nominee to be the Chairperson of the Selection Committee. 
2) The Principal of the concerned College.
3) One senior teacher/Head of the Department (of the concerned subject) preferably having not less that 10 years of services as a teacher. 
4) Two nominees of the Vice Chancellor of the affiliating University of whom one should be a subject expert.
5) Two subject-experts not connected with the college to be nominated by the Chairperson of the governing body out of a panel of names approved by the Vice Chancellor. 
For Government Colleges, the State Public Service Commission must invite three subject experts for which the State Public Service Commissions will involve the University in the selection. The Principal and Head of the Department should be necessarily included in the Selection Committee.
The quorum for the meeting should be five of which at least two must be from out of the three subject experts.
  NOTE: Similarly other appointments (3.2.0 For the post of University Lecturer ,3.3.0 For the post of Reader,3.4.0 For the post of Professor,3.5.0. For the post of Principal) shall also be made by selection committee.
  
 
   

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