G.O. on search panel violates SC judgments, says Raj Bhavan

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G.O. on search panel violates SC judgments, says Raj Bhavan

The Search Committee includes nominees of the Chancellor, the Tamil Nadu government, Syndicate of the University and the UGC Chairman, in accordance with provisions of the Annamalai University Act and the prevailing regulations of the UGC in 2018, which is held as mandatory by the Supreme Court, the Raj Bhavan said.

Governor’s direction

The Governor-Chancellor had directed the Tamil Nadu government to notify the constitution of the Search Committee of Annamalai University vide letter dated October 25, 2024, consisting of the four members, with the Chancellor’s nominee as the Convener of the Committee, the Raj Bhavan added.

The Supreme Court has already held in the case of Sreejith P.S. Vs. Rajasree M.S. and Others that any appointment as a V-C made on the recommendations of a search committee that is constituted contrary to the provisions of the UGC regulations shall be void ab initio, it pointed out.

The notification issued by the government was in difference to the Search Committee constituted, and is void ab initio.

The Chancellor also called upon the State government to notify the Search Committee for appointment of the Vice-Chancellor of Annamalai University as constituted by the Chancellor, which includes the UGC Chairman’s nominee, the Raj Bhavan said.

UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court

UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court

Yash Mittal

7 Dec 2024 3:14 PM

The Supreme Court on Friday (Dec. 6) held that amended UGC or AICTE regulations raising the retirement age to 65 years do not apply to institutions affiliated to State Universities where the State Government opts not to adopt those regulations. Such institutions must follow the retirement age followed in the State.

The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale heard the civil appeal filed by one P.J. Dharmaraj who was initially appointed as Lecturer, and Reader in Jawaharlal Nehru Technological University (“JNTU”) and subsequently retired from the position of Director of Church of South India Institute of Technology (“CSIIT”) affiliated to JNTU, Telangana.

Two days after his retirement at the age of 60 years, the AICTE and UGC issued amended regulations, wherein the age of retirement was revised up to sixty-five years of age. Therefore the appellant claimed that the same benefit should be extended to him.

On the contrary, the Respondents argued that the appellant cannot claim the benefit of the amended age of retirement because the subsequent amendment to the UGC regulations has not been adopted by the State of Telangana and the revised age of sixty-five years for superannuation does not prevail as the norm in the State and in the JNTU with which CSIIT is affiliated.

Upon hearing the parties at length, Justice Nath in the judgment observed that when the age of retirement of teachers was fixed at 60 years then the appellant cannot be given a special treatment to consider his age of retirement at 65 years.

“The regulations governing the age of superannuation throughout the State, the JNT University and its affiliated colleges including CSIIT is sixty years of age and therefore, when the teachers of JNT University are only to continue up to the age of sixty years, the Appellant cannot be given special consideration. CSIIT is an affiliated Institute of JNT University. Its teachers cannot have their age of retirement more than that of the teachers of the affiliating University. It would create a serious anomaly, discrimination and inequality. If the State Government itself has not adopted the amended regulations, the same cannot be applicable to the CSIIT. Even CSIIT has not determined the age of retirement of teachers to be 65 years.”, the court observed.

Further, the Court found that the appellant worked only in an administrative position and was not able to prove that he discharged the teaching services before becoming Director, CSIIT. Therefore, the UGC or AICTE regulation would not apply to the appellant, as those regulations only applies to those who qualify as teachers and are discharging classroom teaching duties.

“Any other way, the Appellant is not a teacher and was only involved in administrative work with CSIIT. The Appellant has not led any evidence until now to prove that he qualifies as a teacher after becoming Director. AICTE and UGC regulations are applicable only to those who qualify as teachers and are discharging classroom teaching duties.”, the court said.

Accordingly, the appeal was dismissed.

Case Title: P.J. DHARMARAJ VERSUS CHURCH OF SOUTH INDIA & ORS.

Citation : 2024 LiveLaw (SC) 958

After months delay, 9 T varsities finally get VCs

After months delay, 9 T varsities finally get VCs 

3 Universities Still Remain Headless 

Nirupa.Vatyam@timesofindia.com 

Hyderabad : After a delay of several months, vice chancellors (VCs) were finally appointed for nine of the 12 state universities in the state on Friday. Although the notification was released in Jan/Feb this year, the appointments got delayed as the search committee meetings were not held until the first week of October. In the meantime, these state varsities were being administered by in-charge VCs, who were all bureaucrats. The term of regular VCs had ended on May 21 for all varsities except Prof Jayashankar Telangana State Agricultural University (PJTSAU) where the post had been lying vacant since Jan, 2022. 

On Friday, governor Jishnu Dev Varma appointed the VCs for nine of the state varsities from the names sent to him. VCs have been appointed to Osmania University (OU), Hyderabad; Kakatiya University, Warangal; Satavahana University, Karimnagar; Telugu University, Hyderabad; Palamuru University, Mahabubnagar; Mahatma Gandhi University, Nalgonda; Telangana University, Nizamabad; PJTSAU, Hyderabad; and Sri Konda Laxman Telangana Horticultural University (SKLTSHU). The new OU VC, Kumar Molugaram, who is from the varsity’s department of civil engineering, told TOI: “It is a great moment for me as I was born in Telangana, studied here and I am now appointed as VC of one of the greatest universities not just in the state, but in the country.” 

New VCs of T varsities focus on faculty, research initiatives New OU VC, Kumar Molugaram said his priority will be to improve the National Assessment and Accreditation Council (NAAC) and National Institutional Ranking Framework of the varsity. “In consultation with the govt, we first want to address faculty shortage. We will also focus on ensuring there is a peaceful and academic environment in the varsity,” he added. Kumar, who earned his bachelor's degree from OU, has held various administrative positions at the varsity, including principal of University College of Engineering, chairman of the board of studies in civil engineering department, and dean of faculty of engineering among others. Along with Kumar Molugaram, three other retired professors from OU – Pratap Reddy (zoology), Umesh Kumar (chemistry) and Nityananda Rao (Telugu) – have been appointed as VCs of Kakatiya, Satavahana and Telugu universities respectively. Two professors – Altaf Hussain and Yadagiri Rao from Kakatiya University – will be the VCs of Mahatma Gandhi and Telangana universities respectively. Likewise, GN Srinivas from JNTUH has been appointed as VC of Palamuru University. Two professors – Aldas Janaiah and Raji Reddy from PJTSAU – will be the VCs of PJTSAU and horticultural varsity respectively. “The university will reorient its research to benefit farmers and serve as a knowledge partner for the govt in the agricultural sector,” said Janaiah, who is the senior-most professor in all universities in Telangana with the highest academic degree of post-doctoral fellow from the International Rice Research Institute (IRRI, the Philippines). The three varsities which are yet to get VCs are Jawaharlal Nehru Technology University, Hyderabad; Jawaharlal Nehru Architecture and Fine Arts University and Dr BR Ambedkar Open University.