Again, airing grievance against the appointment of the Secretary to Government, Higher and Technical Education, Government of Puducherry, learned counsel for the petitioner submitted that it is in gross violation of Clause 7.3.0(ii) of the UGC Regulations, inasmuch as the Secretary  to Government, Higher and Technical Education, Government of Puducherry, is the ProChancellor of  Puducherry Technological University according to the Puducherry Technological University Act, 2019. Issue notice to the respondents; returnable in two weeks. Private notice is also permitted. List after two weeks. (T.R., A.C.J.)           (D.K.K., J.)                                                                      20.10.2022            sasi THE HON’BLE ACTING CHIEF JUSTICE AND             D.KRISHNAKUMAR,J. (sasi) W.P.No.28147 of 2022 20.10.2022

W.P.No.28147 of 2022

THE HON’BLE ACTING CHIEF JUSTICE

AND

D.KRISHNAKUMAR,J.

(Order of the court was made by the Hon’ble Acting Chief Justice)

Learned counsel appearing for the petitioner assailing the Search Committee constituted for the purpose of selection of the Vice-Chancellor of the Puducherry Technological University submitted that Dr.V.Jagadeesh Kumar, Professor, Department of Electrical Engineering, being a sitting Member of Governing Body of Puducherry Technological University, is not legally entitled to be a part of the Search Committee as it is against Clause 7.3.0(ii) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 [for brevity, “the UGC Regulations”], which stipulates that members of the Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the university concerned or its colleges.

  1. Secondly, it is contended that Dr.V.Jagadeesh Kumar, being

a Member of the Governing Body of Puducherry Technological University,  having been so nominated by the Director of Indian Institute of Technology, Madras, is very much connected with the Puducherry Technological University.  Therefore, Clause 7.3.0(ii) of the UGC Regulations bars Dr.V.Jagadeesh Kumar from functioning

as Member of the Search Committee.

  1. Finding fault with the inclusion of Dr.S.Mohan as a Member of the Search Committee, learned counsel for the petitioner placed before this court two orders. The first order is dated 31.1.2014 passed in W.P.No.18450 of 2010 [T.Gnanasambanthan v. The Board of Governors, rep. by its Chairman, National Institute of Technical Teachers Training and Research and others], wherein the learned Single Judge imposed heavy costs of Rs.20,000/- on Dr.S.Mohan [the then Director of National Institute of Technical

Teachers Training and Research] finding mala fide on his part.  The second order is dated 12.4.2016 passed in W.P.No.15247 of 2011 [Dr.R.Rajendran v. The Board of Governors, rep. by its Chairman, National Institute of Technical Teachers Training and Research and others], wherein the learned Single Judge finding fault with Dr.S.Mohan [the then Director of National Institute of Technical Teachers Training and Research], imposed costs of Rs.25,000/-. He, therefore, submitted that Dr.S.Mohan is ineligible to be selected

as a Member of the Search Committee.

  1. Again, airing grievance against the appointment of the

Secretary to Government, Higher and Technical Education, Government of Puducherry, learned counsel for the petitioner

submitted that it is in gross violation of Clause 7.3.0(ii) of the UGC Regulations, inasmuch as the Secretary  to Government, Higher and Technical Education, Government of Puducherry, is the ProChancellor of  Puducherry Technological University according to the Puducherry Technological University Act, 2019.

  1. Issue notice to the respondents; returnable in two weeks.

Private notice is also permitted.

List after two weeks.

(T.R., A.C.J.)           (D.K.K., J.)

20.10.2022

sasi

THE HON’BLE ACTING CHIEF JUSTICE

AND

D.KRISHNAKUMAR,J.

(sasi)

W.P.No.28147 of 2022

20.10.2022

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