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9. Shri Shashi Nandan, on the other hand, submitted that after coming into force of the UGC Regulations, 2010, it is these Regulations that will govern all matters relating to maintenance of standard in higher education, appointment of Teachers and other academic staff in the Universities and Colleges governed by the UGC Regulations. Referring to Regulation 2.3.2 he submitted that Teachers such as Assistant Professor, Associate Professor and Professors only may be re-employed on contract appointment beyond the age of superannuation as applicable to the concerned University College and Institutions upto the age of 70 years. The proviso to the Regulation further lays down that all such re-employment shall be strictly in accordance with the guidelines submitted by the UGC from time to time. The word 'Principal' has not been mentioned in Regulation 2.3.2. Learned senior counsel referred to Regulation 4.2.0 which deals with the post of Principal. Reference was made to sub clause (iv) of Regulation 4.2.0 and it was submitted that one of the eligibility conditions of the post of Principal was a minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), set out in this Regulation in Tables I to IX of Appendix III. It was therefore submitted that the Principal has to teach and must have an API score. Reference was also made to the Regulation 5.1.6 which deals with College Principal and submitted that paragraph 5 (d) of Regulation 5.1.6 prescribes the term of appointment of the College Principal and states that it shall be five years with eligibility for re-employment for one more term only after a similar Selection Committee process. Reference was also made to sub paragraph (a) which lays down the composition of the Selection Committee for the post of College Principal. Paragraph (a) of Regulation 5.1.6 reads as under:

17. Clause 4.2.0 of the Regulations, 2010 which deals with the qualification of a Principal, inter alia provides that the candidates for the post of Principal must have a minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), as set out in this Regulation in Appendix III for direct recruitment of Professor in Colleges.

Clause 4.2.0 is as follows:

"4.2.0. PRINCIPAL i. A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) by a recognized University.