Introduction:

In a recent verdict, the Aurangabad bench of the Bombay High Court addressed the legality of nominating a representative to the Chairman’s seat on the Selection Committee for appointing a college principal. The case, Dr. Naveed-Us-Sahar v. Dr. Babasaheb Ambedkar Marathwada University, saw the court dismissing a writ petition filed by Dr. Naveed-Us-Sahar challenging the rejection of her appointment as Principal at Marathwada College of Education, Aurangabad.

Arguments of Both Sides:

Advocate Ajay Deshpande, representing the petitioner, argued that the presence of the Chairman’s nominee fulfilled the required quorum for the Selection Committee, as per the Government Resolution and UGC Regulations. On the other hand, Advocate PS Dighe, representing the college, supported the petitioner’s stance, emphasizing that the composition of the Selection Committee adhered to the prescribed regulations, despite the Chairman nominating a representative due to unforeseen circumstances.

Court’s Judgement:

The division bench, comprising Justice Vibha Kankanwadi and Justice SG Chapalgaonkar, ruled against the nomination of a representative to the Chairman’s seat on the Selection Committee. The court emphasized the unambiguous nature of the UGC regulations, which mandate the Chairman’s presence during Selection Committee meetings. Citing the Supreme Court’s precedent, the court held that statutory provisions must be followed as written, rendering the Chairman’s role indispensable and irreplaceable.