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18. Similarly Clause 6.0.2 of the Pre-

Regulation 2010 has been amended and substituted in the following manner.

“6.0.2 The Universities shall adopt these Regulations for selection committees and selection procedures through their respective statutory bodies incorporating the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) at the institutional level for University Departments and their Constituent colleges/ affiliated colleges (Govemment/ Govemment- http://www.judis.nic.in aided/Autonomous/Private Colleges) to be followed transparently in all the selection processes. An indicative PBAS template proforma for direct recruitment and for Career Advancement Schemes (CAS) based on API based PBAS is annexed in Appendix III. The universities may adopt the template proforma or may devise their own self-

22.Interview -20-) 20 marks Total -100-) 100 marks

39. The maximum marks awardable to each of the 22 areas to the candidates are given along with the serial numbers as above. The marks thus awarded to the above candidates are consolidated and the highest scorer out of 100 is selected. As per the Annexure to the UGC 2010 Regulations 4.2.0.(iv) a minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) as set out in the Regulations Appendix III is to be followed. A very detailed procedure is prescribed in S.Nos.III-A to III-E by awarding scores and assessment grades and award of points. In so far as the Colleges Principals selection are concerned this procedure appears to have not been followed. The date of interview for Principal of Pachaiyappa's College was 7.5.2018 at 11.00 A.M. The College Committee Meeting was held on 7.5.2018. By another proceedings of the Urgent Meeting of the College Committee dated 9.6.2018, the appointment order was issued http://www.judis.nic.in in favour of the fifth respondent Dr.N.Shettu. Two of the nine Committee Members have not signed the Minutes of the College Committee. In so far as assessment of merits is concerned, it is both objective as well as subjective. It is submitted that it is for the writ petitioners to establish whether the parameters set out in the UGC Regulations 2010 were followed or not.

43. The Interim Administrator submitted common written http://www.judis.nic.in arguments by stating as follows:-

It is submitted that the counter of the Pachaiyappa's Trust Board in nutshell is as follows (i) The Rule 11(4) of the Tamil Nadu Private Colleges Rule and the explanation clearly stipulates that in case of promotion the Colleges under the control of Education Agency shall be teated as one Unit; (ii) The Circular clause 4.2.0 – Sub-clause 4, namely 'A' minimum score as stipulated in the Academic Performance Indicator (API) based performance Based Appraisal System (PBAS), as set out in the Regulations in Appendix III for direct recruitment of Professors in Colleges was omitted to be incorporated in the Circular and (iii) The constitution of Selection Committee was also not in consonance with the UGC Regulations.

46. The written arguments submitted by the Interim Administrator are to be viewed seriously for the purpose of deciding the issues involved in these writ petitions.

47. Large scale allegations are made against the Pachaiyappa's Trust. Various litigations are also pending against the http://www.judis.nic.in Trust and on account of serious allegations, the Hon'ble High Court appointed an Interim Administrator, who in turn, after taking charge of the administration, scrutinised the files available on record and filed the counter-affidavit as well as the written arguments. When the Interim Administrator, in unambiguous terms, reiterated that the constitution of Selection Committee was not inconsonance with the UGC Regulations as well as the Circular Clause 4.2.0 Sub-clause (4) namely 'A' minimum score as stipulated in the Academic Performance Indicator (API) based performance Based Appraisal System (PBAS), as set out in the Regulations in Appendix III for direct recruitment of Professors in Colleges was omitted are undoubtedly in violation of U.G.C.Regulations.