The Supreme Court on Monday upheld an order of the Madras High Court quashing the appointment of Nirmala as the principal of the Ethiraj College for Women, Chennai, in May 2014 on the ground that UGC regulations were not adhered to during the selection process. The college is a government-aided institution.
The apex court bench of Justices Madan B. Lokur and Deepak Gupta dismissed Special Leave Petitions filed by the Chairman of Board of Trustees, Ethiraj College, and Ms. Nirmala challenging the High Court order.
Ms. Nirmala’s appointment as principal was challenged by various persons including K.R.S. Girija Shyamsundar on the grounds that though several meritorious candidates senior to her were available, their candidature was overlooked.
A single judge had set aside Ms. Nirmala’s appointment, against which the college management went on appeal before a division bench of the High Court.
Binding on State govt.
In June this year, a bench of Justices Huluvadi G. Ramesh and Teekaa Raman had dismissed the appeal petitions holding that it is trite that any directions issued by the UGC is binding on the State government as well as on the universities which are subject to receipt of grants in-aid. “That being the case, so far as the selection and appointment of principal of grants-in-aid colleges is concerned, the rules and regulations framed by the UGC in the matter of constitution of committee have to be followed,” the judges also observed.
The court had also directed the State government to notify the UGC Regulations of 2010 by passing appropriate orders.
“So far as regular appointment to the post of principal is concerned, UGC Regulation, 2010, has to be invariably followed, which has to be adopted by the State,” it had held.