Latest news with #UGCRegulationsonMinimumQualificationsforAppointment
New Indian Express
23-05-2025
- Politics
- New Indian Express
Madras High Court stays TN amendments on V-C appointments, cites unconstitutionality
CHENNAI: A vacation bench of the Madras High Court, which temporarily stayed the operation of the 10 amendment Acts that took away the powers to appoint vice-chancellors (V-C) to state-run universities from Governor-Chancellor, in its order, reasoned that it cannot 'shut its eyes on the unconstitutionality of the Acts'. The 10 Acts were granted 'deemed assent' by the Supreme Court on April 8 in its verdict in the case filed by the Tamil Nadu government against Governor R N Ravi, following which the state government notified the Acts on April 11. The bench passed the interim orders based on the petitions filed by a BJP functionary and advocate K Venkatachalapathy, whose main contention was that the amendments were repugnant to Regulation 7.3 of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges, 2018, dealing with appointment of V-Cs. In its order, the bench of justices G R Swaminathan and V Lakshminarayanan said there was no legal hurdle for the high court to subject the amendment Acts to judicial review since the SC has not tested the constitutionality of the legislations in its judgment. Moreover, the bench observed that there is no stay on the applicability of the particular UGC regulation. 'The unconstitutionality and repugnancy vitiating the impugned amendment Acts is so glaring and obvious that we cannot shut our eyes. We are convinced the amendments are ex-facie unconstitutional. If an unconstitutional process is allowed to proceed, it would cause irreparable injury and public interest would suffer,' the bench said.
Time of India
21-05-2025
- Politics
- Time of India
Appointment of Ciza Thomas as temporary vice-chancellor of digital varsity not sustainable in law, rules Kerala high court
Kochi: High court has held that the appointment of Ciza Thomas as the temporary vice-chancellor (VC) of the Kerala University of Digital Sciences , Innovation and Technology (Digital University) by the chancellor, without the recommendation of the state govt, is not sustainable in law. The bench of Justice P Gopinath issued order in a petition filed by the state challenging Thomas's appointment by the chancellor. However, the bench clarified that the declaration of illegality would not result in Ciza Thomas being removed from office, as her tenure is set to expire on May 27. The court also directed the state govt to take steps to recommend to the chancellor the names of eligible persons with qualifications prescribed by University Grants Commission (UGC) for appointment as temporary VC, pending the selection of a regular VC. The court observed that the appointment process must be governed by the UGC Regulations on Minimum Qualifications for Appointment of Teachers in Universities and Colleges, 2018. The state had alleged in its petition that Arif Mohammed Khan, the then chancellor, appointed Ciza Thomas, former VC of Kerala Technological University (KTU), as the temporary VC in Nov 2024 without following the procedure mandated under the University Act. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Click Here - This Might Save You From Losing Money Expertinspector Click Here Undo Upon examining sub-section (10) of Section 11 of the Kerala University of Digital Sciences, Innovation and Technology Act, 2020, HC accepted the state's contention that such appointments must be made with the recommendation of the state govt and passed orders accordingly. "Why so much antagonism towards her?" Meanwhile, a high court division bench on Wednesday questioned the state govt on why it was so antagonistic toward Ciza Thomas merely for having served as the VC of a university. The bench of Justices A Muhamed Mustaque and Johnson John made the remarks while hearing her petition seeking a directive to the state to disburse her monthly pension, arrears, and other terminal benefits. The petition was adjourned to Thursday. While serving as senior joint director in directorate of technical education, Ciza Thomas was appointed as KTU VC by the then chancellor Arif Muhamed Khan in Nov 2022. Her appointment came after the chancellor rejected the name the state govt recommended for the post. Subsequently, on the day of her retirement in March 2023, the state govt issued a charge memo to Thomas, alleging that she had assumed charge as VC without govt permission. The high court later quashed the disciplinary proceedings initiated against her. However, the state govt denied her monthly pension and terminal benefits, prompting her to move HC.
Time of India
19-05-2025
- Politics
- Time of India
Appointment of K Sivaprasad as temporary vice-chancellor of technological university is not sustainable in law: Kerala high court
Kochi/Thrissur: High court has held that the appointment of K Sivaprasad as the temporary vice-chancellor (VC) of APJ Abdul Kalam Technological University (KTU) by the chancellor is not sustainable in law, as it was made without the recommendation of the state govt, contrary to the provisions of the University Act. The judgment, delivered by Justice P Gopinath, came while considering a petition by the state govt challenging the notification issued by the then chancellor, Arif Muhamed Khan, in Nov 2024. HC observed that sub-section (7) of Section 13 of the APJ Abdul Kalam Technological University Act, 2015, mandates that the power to appoint a temporary VC must be exercised only on the recommendation of the state govt. The state had contended that Sivaprasad, a professor at Cochin University, was appointed in violation of this requirement. Agreeing with the state's argument, HC held that the impugned notification was legally unsustainable. However, noting that the statutory tenure for a temporary VC is limited to six months, and that Sivaprasad's term is set to expire on May 27, HC declined to interfere with the notification at this stage. The court directed the state govt to recommend to the chancellor the names of individuals who possess the qualifications prescribed under the University Grants Commission (UGC) regulations, for appointment as temporary VC pending the selection of a regular appointee. It further clarified that the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges, 2018, would govern such appointments. Meanwhile, higher education minister R Bindu welcomed the HC order. She said that the former chancellor had repeatedly violated the rules in the Act, despite the court directives to follow the rule. Chancellor is expected to abide by the laws which he himself cleared as Governor. Such a situation where the courts have to remind him of this important convention, is something that must be avoided, Bindu added.
