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SUDHANSU JYOTI MUKHOPADHAYA,J These appeals have been preferred by the appellants against a common judgment and order dated 26th June, 2014 passed by the Division Bench of the Madras High Court, Madurai Bench in Writ Petition (MD) No.11350 of 2012 and Writ Petition (MD) No.3318 of 2013.
The aforesaid writ petitions were preferred by K.V. Jeyaraj and I. Ismail respondents/writ petitioners praying for issuance of a writ of quo warranto directing the appellant - Dr. Kalyani Mathivanan to show cause under what authority she continues to hold the office of the Vice- Chancellor, Madurai Kamaraj University.
2. By the impugned judgment the High Court held that the appellant-Dr. Kalyani Mathivanan did not satisfy the eligibility criteria stipulated by the UGC Regulations of Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education 2010 (hereinafter referred to as the 'UGC Regulations, 2010') for appointment as Vice-Chancellor and non- fulfilment of such eligibility criteria cannot be completely white washed on the specious plea that the University Grants Commission Regulations, 2010 are not mandatory. The High Court set aside the order of appointment of the appellant-Dr. Kalyani Mathivanan and allowed the writ petitions.
3. The factual matrix of the case is as follows:
The post of Vice-Chancellor in Madurai Kamaraj University (hereinafter referred to as the 'University') fell vacant in the year 2011- 2012 and the Government constituted a search Committee to appoint a suitable candidate. All together names of 104 persons were considered by the search Committee and finally three persons namely (1) Dr. R. Jayaraman, Professor of Management Studies (Retd.), Member Secretary, Centre for Entrepreneurship Development, Madurai, (2)Dr. Kalyani Mathivanan, Head of the Department of English, Ethiraj College for Women, Chennai and (3)Dr. T. Ramasamy, Professor of History (on lien) Registrar, Bharathidasan University, Tiruchirapalli were short listed. On the basis of the recommendation of the search Committee, the appellant-Dr. Kalyani Mathivanan was selected and appointed as Vice-Chancellor by G.O.(1D)No.80, Higher Education (H2)Department, Government of Tamil Nadu dated 9th April, 2012 for a period of three years with effect from the date of assumption of office.
4. Challenging the selection of the appellant-Dr. Kalyani Mathivanan, two separate writ petitions were preferred by Dr. K.V. Jeyaraj, and Dr. I. Ismail, who were aspirants to the said post-respondents herein. The said challenge was mainly on the ground that as per UGC Regulations, 2010, the person to be appointed as Vice-Chancellor, should be a distinguished academician, with a minimum of 10 years experience as Professor in a University system or 10 years of experience in an equivalent position in a reputed research/academic organization and Dr. Kalyani Mathivanan does not satisfy the said criteria. The High Court took up both the writ petitions together for disposal and by the judgment and order allowed the writ petitions and set aside the appointment order of appellant-Dr. Kalyani Mathivanan as Vice-Chancellor.