[Reader-list] U turn by Madras University Syndicate - An Ultra vires (beyond the power) act.

[mprabhakar prabhakar]

Sir,
   
  During the last few years, there has been considerable enhancement in the concerns over the fairness of the selection procedure of college teachers and also principles, following frequent complaints of irregularities and corruption in the appointments of lecturers. In this context, there exists an unified code for the selection procedure as stipulated by UGC Regulation 2000, still most arbitrary ways of selection adopted and follows vastly different outdated rules in each state. Since the teachers at the university and degree college levels represent the apex of higher education and research in India, it is necessary that they be selected strictly on the basis of merit. On the contrary, the selection procedures at present are guided by politics, regionalism, recommendations and even bribery.
   
  Madras University has resolved to approve the outdated and improper Selection Committee constituted by the college managements under the Private Colleges Regulation Act to appoint faculty in the vacant sanctioned positions. Such approval will amount to grave contempt of court as the matter is already pending in Madras High Court WA 1322/2006 and other writ petitions. For your kind information many Courts have already upheld the mandatory nature of UGC Selection committee.
   
   Already in WP 25433/2006 in Madras High Court, Mrs.Justice Prabhasridevan quashed outdated College Management Committee, endorsing statutory force of UGC Regulations 2000 stipulated selection committee. The irony is that the same Madras University adopted UGC Regulations in totto by its circular dated 4-12-2004. Also in WP 25433 filed by Association of Private Colleges, the same Madras University favoured to go against Private college Associations. The said association unsuccessfully contended non-applicability of UGC stipulated selection committee.
   
  The sudden stand of Madras university siding with already quashed contention of Association of Private college and taking complete U-turn of its own recent contention of favoring UGC selection committee in Justice Prabhasridevan Court and U-turn of its own circular dated 4-12-2004, also violating the judgment of WP 25433 by Hon'ble Madras High Court and Section 26 and 14 of UGC Act 1956 read with UGC Regulations 2000 puts question mark on the credibility, honesty, sincerity of the same University. The unfortunate development at behest of Syndicate body is yet another chameleon act.
   
  The situation in Tamilnadu is far worse. Mr.Justice Jyothimani, Madras High Court has already stayed interview for recruitment of teachers in Government colleges for around 1000 vacancies on irregularity in distribution of marks favoring M.Phil holders and unjust to NET qualified candidates. The sudden U-turn attitude by Syndicate of Madras University brings distrust on the functioning, intention and sanctity of the so called prestigious university.
   
  Pending another WP 39564/2006 in which UGC, Madras University, Director of Collegiate Education, Regional Joint Director of Collegiate Education and appointing college being  respondents, an interim injunction by Madras HC on appointments made in a college affiliated to Madras University where in court is calling for entire records of selection process and directing the appointing college to constitute selection committee for re-commencing the selection process. The appointment made in that affiliated aided college is stayed on the petition by a candidate disappointed on vitiated selection process. The Hon’ble Mr.Justice Jyothimani at Madras High Court was pleased to pass an injunction order on the reason being appointment made without constitution of proper Selection committee as stipulated by UGC Regulations 2000. The matter is pending.
   
  The court has ordered the University and Directors of Collegiate Education, not to approve the qualifications. The Madras University earlier asked for the resolution and minutes of UGC stipulated selection committee which was not at all constituted. Also in another aided New college in the city, the papers sent for sanctioning of approval of appointment were rejected by the same Madras University somewhere in the third week of November 2006, the reason being violation of selection norms. But the sudden change in the University's attitude on 30th November raises the involvement of political influence and corruption at the highest level.  
   
  Pending WA 1322/2006 in which UGC, Madras University, DCE, other universities are respondents. The Private College Management Association’s untiring desire to override Selection Committee (UGC Regulation 2000) in spite of their plaint already dismissed by Mrs.Justice Prabhasridevan in WP 25433/2006 citing the matter as covered judgement by Justice Murugesan Bench in yet another case (details enclosed).The need is of move from UGC and other saviours of higher education to protect the UGC selection committee to provide a sense of great relief for all those who aspire for a fair and transparent appointment process in the country as a whole in the long-term interest of maintenance quality of higher education.
   
  Being the overall controller of higher education, it is the duty of UGC to strictly implement para 3.1.0 set of rules for such selections throughout the country. One finds it surprising to note that inspite of clear-cut mandatory guidelines have been laid down by UGC for checking irregularities and bringing a certain level of reasonability and transparency to the entire procedure. The favoritism and corruptive attitude is detrimental to the right of equality and not free from influences and cannot be maintained in terms of fairness as contemplated by the UGC the watchdog of higher education.
   
  But presently in Tamilnadu the existing provision of proper selection procedure are thrown in to dust bins, violating Entry 66 in Constitution of India, UGC Act 1956 a Central Legislation, also statutory UGC Regulation 2000, many judicial precedents uphelding UGC selection committee and same pending issues in Madras High Court.
   
  Madras University also resolved that the Circular in this regard be withdrawn in the light of the UGC’s guidelines being recommendatory and not mandatory. How can Syndicate an administrative body assume the role of judiciary in declaring UGC Regulation as recommendatory and not mandatory when Courts have already upheld its mandatory nature.
   
  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.
   
  The above extract brings out following irregularities and its 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 exhibits 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 consequent 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 excellence Madras University. 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. Make use of your good offices in restraining Madras University from committing such a blunder when mandatory UGC Regulation 2000 vide para 3.1.0 and 3.5.0 on appointment of lecturers and Principal respectively makes it clear cut that such appointments be made by duly constituted UGC stipulated selection committee.
   

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