MATHEW Vs. MAHATMA GANDHI UNIVERSITY
LAWS(KER)-2001-2-55
HIGH COURT OF KERALA
Decided on February 26,2001

MATHEW Appellant
VERSUS
MAHATMA GANDHI UNIVERSITY Respondents

JUDGEMENT

- (1.)Appellant is challenging Ext. P2 order dated 26.5.1999 issued by the M. G. University. The University Grants Commission laid down certain guidelines for teacher fellowship scheme college faculty development programme under the IXth plan period. The scheme also lays down the procedure for appointment of substitute teachers when regular teachers are selected for training. Clause F(d) of the scheme stipulates as follows:
"The salary of the substitute, appointed by the college in place of a teacher selected for award of teacher fellowship, will be admissible if fresh appointment is made by the College in accordance with the prescribed procedure either on the minimum of the pay scale prescribed for the lecturer or as per the background and experience of the teacher so appointed. The grant towards reimbursement of the salary of substitute teacher as per norms of UGC will be paid by the UGC and the balance amount may be met by the respective institute / college or by the respective State Government, wherever the substitute teacher is appointed on higher pay than the minimum of lecturer pay scale. If the post vacated by the teacher fellow is filled by transfer, deputation or by a superannuated person, such a substitute's salary will not be reimbursed. The substitute is to be appointed full time. The Commission will not pay the salary of the substitute if appointed on a part time basis, unless there are substantial reasons for the same. The grant will be paid to the college for the salary of the substitute teacher on the receipt of the joining report of the Teacher Fellow along with the following information relating to the substitute teacher:

(i) Name of the substitute.

(ii) Date of birth.

(iii) Qualifications.

(iv) Experience.

(v) Date of joining.

(vi) Details of pay including allowances payable per month in the approved pay scale.

(vii) Amount payable up to the end of the tenure fellowship.

(viii) A certificate from the Principal that the appointment of the substitute has been made in accordance with the procedure prescribed by the University / State Government; and

(ix) Specific approval letter of the affiliating University / State Government regarding the appointment of the substitute.

In case it is not possible to appoint a substitute, or, if the appointment of substitute is delayed, then lectures may be arranged on the basis of honorarium with Rs. 100/- per lecture per hour subject to Rs. 3,000/- per month."

The above mentioned clause also says that specific approval letter of the affiliating University / State Government regarding the appointment of the substitute teacher shall be obtained from the University.

(2.)On the basis of the guidelines laid down by the UGC, the Director of College Faculty Development Council submitted a proposal to the Syndicate regarding the norms to be adopted for appointment of substitute teachers to fill in the vacancies caused by the deputation of teachers undergoing M.Phil / Ph.D. under the IX plan TFS of CFDP. Accordingly, the M. G. University issued a letter dated 26.5.1999 which shows that the Vice Chancellor, subject to ratification by the Syndicate, has approved the following norms to be followed in appointing substitute teachers in the deputation vacancies of teacher fellows under IXth plan CFDC:--
"(01) The post shall be advertised in atleast one daily (English / Malayalam).

(02) There shall be a selection committee consisting of Principal, Manager or his nominee HOD / subject expert.

(03) The appointment of substitute teacher shall be made in accordance with the qualification, age etc. prescribed by the University Grants Commission. However, considering the difficulty in getting qualified persons, candidates with 55% marks in the PG examination (50% in the case of SC / ST candidates) shall also be selected.

(04) The selection committee shall submit a panel with minimum of 03 (three) names for each subject for the approval of the Vice Chancellor through Director, College Development Council.

(05) The panel shall be got approved by the Vice Chancellor before making appointment.

(06) DCDC shall process the file and submit it to the Vice Chancellor for approval.

(07) Specific approval letter regarding the appointment of the substitute shall be obtained from the Vice Chancellor.

(08) The substitute so appointed shall have no claim for future appointments. This shall be specifically mentioned in the specific approval and appointment order".

(3.)When the matter came up for hearing we heard counsel for the appellant as well as the standing counsel appearing for the University. Counsel for the appellant submitted that the procedure now laid down by the University causes considerable administrative difficulties in effecting appointment of substitute teachers especially requirement of getting approval twice from the Vice Chancellor. Counsel contended that the Vice Chancellor has no power under the M. G. University Act, Statute or by the guidelines laid down by the UGC to interfere with the selection process in private colleges. Counsel for the University submitted that by Ext. P2 only the panel sent shall be got approved by the Vice Chancellor before making appointment.


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