KALYANI MATHIVANAN versus K. V. JEYARAJ AND ORS.

KALYANI MATHIVANAN versus K. V. JEYARAJ AND ORS.

UGC Regulations, 2010 are mandatory for Central Universities but directory for State Universities unless adopted by the State. Since Tamil Nadu has not adopted the UGC Regulations, 2010 and State legislation is not amended, the appellant's appointment as Vice-Chancellor under State statute is valid and her appointment is upheld.

Parties
Appellant: Kalyani Mathivanan; Respondent: K. V. Jeyaraj; Respondent: I. Ismail
Jurisdiction
India
Judgment Date
11 March 2015
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Madras High Court Setting Aside Appointment of Vice Chancellor
Outcome
Appeals allowed; appointment of appellant as Vice-Chancellor upheld; High Court judgment set aside.
Legal Topics
Appointment of Vice Chancellor, UGC Regulations, Conflict Between State and Central Legislation, Repugnancy, Eligibility Criteria for Vice Chancellor
Service Law Education Law Constitutional Law Appointment of Vice Chancellor UGC Regulations Conflict Between State and Central Legislation Repugnancy Eligibility Criteria for Vice Chancellor

Case Brief

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Parties

Kalyani Mathivanan

Appellant

K. V. Jeyaraj

Respondent

I. Ismail

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Madras High Court Setting Aside Appointment of Vice Chancellor

Legal Issues

  1. 1 Whether UGC Regulations, 2010 are mandatory or directory for appointment of Vice-Chancellor in State Universities
  2. 2 Whether the appellant fulfilled eligibility criteria for the post as per relevant statutes
  3. 3 Whether UGC Regulations, 2010 override State legislation

Ratio Decidendi

UGC Regulations, 2010 are mandatory for Central Universities but directory for State Universities unless adopted by the State. Since Tamil Nadu has not adopted the UGC Regulations, 2010 and State legislation is not amended, the appellant's appointment as Vice-Chancellor under State statute is valid and her appointment is upheld.

Court Disposition

Appeals allowed; appointment of appellant as Vice-Chancellor upheld; High Court judgment set aside.

Orders

  • Appointment of Kalyani Mathivanan as Vice-Chancellor, Madurai Kamaraj University by G.O.(1D) No.80, Higher Education (H2) Department, Government of Tamil Nadu dated 9th April, 2012 is upheld.
  • Judgment and order dated 26th June, 2014 of Division Bench of Madras High Court is set aside.