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Synopsis

The Madras High Court recently allowed time till September 4 to the counsel appearing for the University Grants Commission (UGC) before it in a matter pertaining to specific regulations for the method of recruitment, educational qualification, etc. for various posts in Universities, to ascertain and report to the court whether any such regulations have been framed and issued or published by UGC yet.

The bench of Justices R Suresh Kumar and K Kumaresh Babu took note of a notification issued by UGC in 2011 whereby suggestions were invited from the stakeholders concerned for consideration by the committee which had been formed by UGC to frame Regulations on Minimum Qualifications, mode of recruitment/promotion, etc. for the posts of Registrar, Deputy Registrar. Assistant Registrar, Finance Officer, Deputy Finance Officer, Assistant Finance Officer, Controller of Examinations, Deputy Controller of Examinations, and Assistant Controller of Examinations in the universities and the deemed to be universities fully funded by the Central Government, in pursuance of the Ministry of Human Resource Development letter No.1- 32/2006-U.II/U.I(II) dated 31st December 2008.

The division bench said that in view of that notification, whether any such regulations have been framed by the UGC or not had to be ascertained.

The order was passed in a batch of cases involving the issue of recruitment, educational qualification etc. for various posts in Universities including the post of Deputy Registrars as well as the Assistant Registrars.

The pleas were filed by persons, who were aggrieved by non-inclusion of their names in the panel adopted in the years 2013 and 2018 by the University of Madras for promotion to various posts in the University.

The main question that remained before the court for consideration was as to what shall be the 'educational qualification' for those feeder categories for the purpose of promotion to the post of Assistant Registrars of the respondent University viz., University of Madras.

Court noted that at present, insofar as the post of Assistant Registrars is concerned, the procedure adopted by the University is to give promotions from the feeder category i.e. Section Officers for whom there has been no specific minimum educational qualification since has been prescribed, based on the seniority alone such kind of promotion is given.

Court further pointed out that after the UGC regulation was issued sometime between 1985 and 1998, the Government of India through their detailed letter dated 31st December 2008, had directed the UGC to frame Regulations with regard to the prescription of minimum qualifications for the appointment to the post of Assistant Registrar, Deputy Registrar etc. in various Universities throughout the country and in this context, the educational qualification and other method of recruitment by way of promotion to such post to the extent of either 25% or 50% of the vacancies in the respective categories has been specifically directed to be framed by way of Regulations.

"However, the educational qualification that has been prescribed for appointment to the post of Assistant Registrar whether would be applicable for the promoted categories also is the question to be resolved," noted the court. 

Therefore, court sought response of UGC on the issue and posted the matter for compliance and for continuation of arguments on September 4, 2023. 

Case Title: Batch of pleas