LexKALYANI MATHIVANAN versus K. V. JEYARAJ AND ORS.
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[2015] 3 S.C.R. 467 KALYANI MATHIVANAN v. K. V. JEYARAJ AND ORS. Civil Appeal No. 5946-5947 of2014 MARCH 11, 2015. [SUDHANSU JYOTI MUKHOPADHAYA AND N. V. RAMANA, JJ.] Service law-Appointment- Post of Vice-Chancellor A B 'C of the University- Appellant's appointment to the said post challenged, on the ground that as per the UGC Regulations 2010, appellant did not fulfill the eligibility criteria -Appellant neither a distinguished academician, with a minimum of 10 D years experience as professor in a University system nor 10 years of experience in an equivalent position in a reputed research/academic organization -Appellant's case that she was qualified for the post as per the 1965 Act; and that UGC Regulations, 2010 were directory and cannot override the E provisions of the 1965 Act- Appointment set aside by the High Court- On appeal, held: Post of Vice-Chancellor under the 1965 Act is a post of an Officer - Provisions regarding Vice-Chancellor was made for the first time under UGC F Regulations, 201 O"'" UGC Regulations, 2010 are mandatory to teachers and other academic staff in all the Central Universities and Colleges thereunder; and directory for the Universities, Colleges and other higher educational institutions under the State Legislation as the matter has been G left to the State Government to adopt and implement the Scheme - Thus, UGC Regulations, 2010 is partly mandatory and is partly directory- UGC Regulations, 2010 having not adopted by the State, the conflict between State Legislation .H 467 468 SUPREME COURT REPORTS [2015] 3 S.C.R. A and Statutes framed under Central Legislation does not arise - Once it is adopted by the State Government, the State Legislation is to be amended appropriately and there shall be no conflict between the State Legislation and the Central Legislation - Thus, the appointment of the appellant as Vice B Chancellor, Madurai Kamaraj University upheld - UGC Regulations of Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards C inHigher Education 2010- Regulations 7.0.0., 7.3.0., 7.4.0 - University Grants Commission Act, 1956 - ss. 12, 14, 26, 28- Madurai Kamaraj University Act, 1965 - ss. 2(m), (n), (t), 8, 9, 10, 12, 23, 24, 32-Constitution of/ndia, 1950-Art. 246, Seventh Schedule List I entry 66, List Ill entry 25, Art. D 254. Allowing the appeals, the Court HELD: 1.1 The appointment of the appellant as ViceChancellor, Madurai Kamaraj University as made by E the G.O. (1D)No.80, Higher Education (H2) Department, Government of Tamil Nadu dated 9th April, 2012 is upheld and the judgment and order passed by the Division Bench of the High Court is set aside. [Para 45] [525-A-B] F 1.2 The post of Vice-Chancellor under the University Act, 1965 isa post of an Officer. The University Grants Commission Act 1956 as also University Grants Commission Regulations, 2000 are silent in regard to G post of Vice-Chancellor. The provisions regarding Vice- Chancellor have been made for the firsttime under UGC Regulations, 201 o. UGC Regulations, 2010 is not applicable to the Universities, Colleges and other higher educational institutions coming under the purview of the H · State Legislature unless State Government wish to adopt KALYANI MATHIVANAN v. K. V. JEYARAJ AND ORS. 469 and implement the Scheme subject to the terms and A conditions therein. The University Act has not been amended in terms of UGC Regulations, 2010 nor was any action taken by the UGC under Section 14 of UGC Act, .1956 as a consequence of failure of University to comply with the recommendations of the Commission B under Section 14ofthe UGCAct, 1956. (Para 39, 40] (520- F-H; 521-A-B, C-D] 1.3 To the extentthe State Legislation is in conflict with Central Legislation including sub-ordinate C legislation made by the Central Legislation under Entry 25 of the Concurrent List shall be repugnant to the Central Legislation and would be inoperative. The UGC Regulations being passed by both the Houses of D Parliament, though a sub-ordinate legislation has binding effect on the Universities to which it applies. UGC Regulations, 2010 are mandatory to teachers and other academic staff in all the Central Universities and Colleges thereunder and the Institutions deemed to be Universities E whose maintenance expenditure is met by the UGC. UGC Regulations, 2010
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