Plea In Kerala High Court Challenges Appointment Of NUALS Registrar

A plea has been filed in Kerala High Court by a lawyer, challenging the appointment of the Registrar of the National University of Advanced Legal Studies (NUALS) Mahadev M.G.

In the plea filed by Advocate Sanjai D. Rajan, it has been averred that the appointment of the Registrar of NUALS was made in violation of the University Grants Commission Regulations and mandates.

According to the petition, Mahadev M.G. only has 2 years and 8 months of experience as Deputy Registrar, 1 year and 1 month experience as Assistant Registrar, and less than 4 years and 2 years experience as Private Secretary to the Vice Chancellor. He does not have the requisite minimum qualifications, the plea argues.

The NUALS Regulations stipulate that the essential qualifications for appointment to the post of Registrar are - a 1st or 2nd class Master's degree or equivalent qualification, and at least 3 years teaching experience at the University level or 3 years administrative experience in a responsible post. It has been further stipulated that a degree in law from a recognized University would also be desirable.

However, the plea points out that the UGC Notification on Revision of Pay Scales, Minimum Qualifications for Appointments of Teachers in Universities, Colleges and Other measures for the Maintenance of Standards, 1998 further provides in Appendix III under Regulation 4 the following minimum qualifications for direct recruitment to the posts of Registrar, Deputy Registrar and Assistant Registrar:

1. A Master's Degree with at least 55% of marks or its equivalent grade of B in the UGC seven point scale.

2. At least 15 years of experience as Lecturer (Sr. Scale)/Lecturer with 8 years in Reader's grade along with experience in educational administration. Or Comparable experience in research establishment and/or other institutions of higher education Or 15 years of administrative experience of which 8 years as Deputy Registrar on an equivalent post".

It has been submitted that the said notification has been adopted and implemented in the State vide Government Order dated 21.12.1999.

"Hence, qualifications prescribed for direct recruitment of Registrar in the ... NUALS regulations whereby the requirement of administrative experience is reduced from 15 years to a mere 3 years and further the requirement of 8 years of experience as Deputy Registrar is done away with, is bad in law. Therefore Annexure III under Chapter XII Clause 5 of the NUALS Regulations, 2006 to the extent the qualifications prescribed for direct recruitment to the post of Registrar as 3 years of administrative experience in a responsible post is per se illegal and unsustainable in law", the petition avers.

The petition argues that the Registrar is drawing the scale of pay as notified by the UGC despite not having the requisite qualifications, which had also been objected to by the Comptroller and Auditor General (CAG), since the impugned appointment was in "derogation" of the UGC norms.

"It is humbly submitted that once the University is accepting grants from the UGC and implemented the scale of pay as per the UGC schemes, irrespective of adoption of the UGC Regulations/Notifications by the University, the same are mandatory and are liable to be implemented by the University without fail. Hence, the minimum qualifications for direct recruitment for Registrars are mandatory," it has been submitted.

The petition thus prays that a writ of quo warranto or other appropriate order be issued to quash and set aside the appointment of the respondent as the Registrar of NUALS. It also seeks refund of the pay and other allowances drawn by him in the UGC pay scale, over and above the State scale of pay to the University within a time frame fixed by the Court.

Additionally, it is also prayed that the records leading to the NUALS Regulations 2006 be called for and set aside to the extent it is contrary to the UGC norms specifying minimum qualification for direct recruitment to the post of Registrar.

Advocates S. Muhammed Haneef, Asif Ali M.H., T. Sailesh Kumar, Divya Ravindran, Ashik Ali M.H., Swethambily C., and Rajana Jose are appearing for the petitioner in the instant plea. 

Case Title: Adv. Sanjai D. Rajan v. The National University of Advanced Legal Studies & Ors.