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3.2. The constitution of the Selection Committee was made based upon the Regulations of the year 2000, as seen from the first counter affidavit filed. No adequate consideration has been given with respect to the API and Performance Based Appraisal System(PBAS in short). There is no transparency as mandated by the Regulations. The fourth respondent cannot be allowed to take a contrary stand. Professor Dr.S.Vittal was not the part of the Selection Committee. The fact that he has attended the Governing Body Meeting on the very same day would prove the same. In support of the said submission, the learned Senior Counsel has made reliance upon the following decisions.

16. The said decision rendered therein was also followed in ASSOCIATION OF MANAGEMENT OF PRIVATE COLLEGES V. THE SECRETARY, UNIVERSITY GRANTS COMMISSION AND OTHERS (CDJ 2006 MHC 2466) (W.P.No.25433 of 2006 dated 12.09.2006). Taking note of the said ratio laid down in the decisions referred to supra, this Court is of the view that the selection of the seventh respondent is liable to be set aside on the ground of wrongly constituted Selection Committee.

17. Selection Process:-

Under the Regulations, the University Grant Commission has formulated Performance Based Appraisal System(PBAS), which in turn, is based on the Academic Performance Indicators(API). The selection procedure to the post of Principal as per the amended Regulation 6.1.0 is as follows:-

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 (Government/Government-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-assessment cum performance appraisal forms for teachers. While adopting this, universities shall not change any of the categories or scores of the API given in Appendix-III. The Universities can, if any wish so, increase the minimum required score or devise appropriate additional criteria for screening of candidates at any level of recruitment.