[Reader-list] No adminisrative decisions can and should prevail untill matter is subjudice. Amounts to contempt of court. Judiciary is supreme.

[mprabhakar prabhakar]

  UGC selection committee issue hotting up. Court vs University Syndicate 
   
  Around 12 O'clock, 4th January 2007 in the Madras High Court of Mrs.Justice Prabhasridevan, the WP 469/2007 ( Madras University and UGC being respondents ) came up for admission  seeking stay on the controversial resolutions passed on 30th November 2006 by Syndicate Body of Madras University.
   
  Mrs.Justice Prabhasridevan was very furious on the Madras University Syndicate Body over the resolutions (copy enclosed) passed by Syndicate Body on 30th November 2006 concerning -

   
  1.approving the Selection Committee constituted by the college managements under the Private Colleges Regulation Act to appoint faculties (ignoring mandatory UGC stipulated selection committee),
   
  2. approving all the appointments made by college Committees as per the Private Colleges Regulation Act (undermining mandatory UGC Regulation 2000),
   
  3. withdrawing the Circular in this regard issued in August 2004 citing the UGC guidelines being recommendatory and not mandatory ( disrespecting the matter being subjudice in WA 1322/2006).
   
    The petitioner counsel Mr B.Ravi's contention was that the Syndicate has passed  resolutions wildly ignoring the fact that the same matter is  subjudice in the Madras High Court in WA1322/2006 in which Madras University is a party.
   
  He also contended that the same Madras University which has already adopted the UGC Regulation 2000 stipulated selection committee in totoo and admitted the same in WP 25433/2006 in the same court of Lordship  Mrs.Justice Prabhasridevan, now has taken an altogether different stand. 
   
  It is worthwhile to note that the same Hon'ble Justice Prabhasridevan passed judgement on 12-9-2006 in WP 25433 , uphelding mandatory nature of UGC selection committee. The WA 1322/2006 is the result of deafeat of Association of Private colleges in WP 25433.
   
  It is also worthwhile to note that the petitioner has already filed a WP 39564/2006 on 19th October 2006 in the Madras High Court of Mr.Justice Jyothimani who was pleased to grant an injunction on approval of qualification and appointment by Madras University and Regional Joint Director of Collegiate Education respectively for 4 weeks later extended for two more weeks. The said appointment was made by an affiliated College by College Management committee and not by UGC selection committee.
   
  In WP 39564 the Hon'ble Mr.Justice Jyothimani has also called for all records relating to selection process and also ordered the said college to recommence selection process by duly constituted selection committee as per UGC Regulation 2000.
   
  Coming to Writ Petition 469/2007 the Hon'ble Justice Mrs.Prabhasridevan angrily intervened when petitioner's counsel read third resolution which cited the UGC Regulation as recommendatory and not mandatory. She furiously questioned Madras University's counsel's junior that who moved such a contemptitious resolution. On knowing the name she asked why and how it was done when matter is subjudice. Then she put up the question as to how syndicate assumed the role of judiciary in declaring the Regulation as recommendatory when matter is already decided and now also pending for consideration in many cases in Madras High Court. 
   
  On finding the Madras university's counsel's junior answerless but seeking for passing over of the matter, she herself called up the court officer to issue suomoto notice of contempt of court against Shri.Harish Mehta on her behalf and also ordered the Vice Chancellor to be present in the court by 2.30 p.m.
   
  On hearing this, Mr.Kandvadivel the counsel of Madras University appeared in the court seeking forgiveness, giving assurances that the irregularity will be set right by withdrawl of such resolutions. He also pleaded that he became aware of the issue just one day before. He also pleaded for rethink on the issue of contempt notice and presence of Vice Chancellor in the court by 2.30 a.m. Magnanimously accepting the repeated request from the counsel Mr.Kandavadivel, she passed an interim order asking the University to keep all the controversial resolutions in abeyance yntil the disposal of WA1322/2006.   
  
 
   
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  Enclosure:
   
  The extract of minutes of Syndicate of Madras University 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.
   
  
 

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