Constitution of Selection Committee for the Selection of UGC Librarian in College affiliated to University of Kerala
Preliminary Minutes of the 6th Meeting of the Syndicate held on 22.11.2019
The Manager, M.S.C Management, Pattom has forwarded a letter regarding the anomaly which occured in the Selection Committee constituted for the selection of UGC Librarians in St.John's College, Anchal and has requested to ratify the inclusion of Dr.Beenamole.T, Librarian, Mar Ivanios College, Nalanchira who was the Subject expert in the Selection Committee. It may be noted that, the Selection Committee constituted for the selection of UGC Librarian in St.Johns College, Anchal was not according to the existing provisions in the Kerala University First Statutes , and the DCE has objected the proposal for the appointment of Sister Rabaeka Rachael as librarian in St.Johns College, Anchal on this ground. It is also pertinent to note that the University has no role in the approval of appointment of non teaching staffs in affiliated Private Aided Colleges, including Librarians, other than providing the subject experts in the Selection Committee, on request from the Educational Agency concerned. The approval to these appointments and other service matters is dealt by the Deputy DCE, concerned. Since the approval of appointment of librarians in aided colleges is vested with Government, a query was made by the Director of Collegiate Education, to the Educational Agency, as to whether the subject expert in the Selection Committee for the appointment of Librarians in St. Johns College, Anchal, was a nomineee of the Vice Chancellor. It is at this juncture, the issue was brought to the attention of the University by the Educational Agency. The Educational Agency appointed Sister Rabaeka Rachael as librarian in St.Johns College, Anchal w.e.f 03.05.2018. It is pertinent to note that as she was appointed as UGC Librarian, it was mandatory to constitute a selection Committee, as per Clause 5.1.4 of UGC Regulations, 2010, which includes subject experts nominated by the Vice Chancellor. But it is seen that this was not done. Infact, it appears that the college has adopted the pre-amended provisions in Kerala University First Statutes 1979, Chapter 3, statute 43, for constituiting the Selection Committee for the appointmen of librarian. As per the pre-amended version the Educational Agency could nominate its own expert to the Selection Committee. As per the amended version of the above said provision, (Amendment No.13, dated 13/11/1987) the Statutes prescribe that the said nominee may be provided by the Vice Chancellor from the approved list of experts. Dr.Beenamole.T, Librarian, Mar Ivanios College, Nalanchira,who was the Subject Expert in the Selection Committee constituted by the Educational Agency, is not included in the University approved panel of experts of Librarians. Futher, as per UGC norms, the Educational Agency had not requested to provide a Subject Expert for constituting the selection committee for the appointment of Librarians, and instead, proceeded with the selection process by including a subject expert as per preamended statutory norms, which is not relevant at present. The Manager mentioned in the letter that they had made a mistake in constituting the Selection Committee for the selection of UGC Librarian since they were unaware about the changes in Regulations pertaining to the appointment of librarian and that theyhad followed the relevant statutory provisions for appointment of non teaching staff.The Management has informed that this mistake was not made deliberately and have apologized for the same. It is also mentioned that Dr.Beena Mole.T, the Subject Expert who was included in the selection Committee is a qualified person as the Subject Expert since she has Ph.D in library Science and has working experience as UGC Librarian. It may be noted that, the Government nominee was also included in the Selection Committee. The Manager, M.S.C Management has forwarded copies of notification,Minutes,Score sheet and copies of Certificates and publications in respect of Sister Rabaeka Rachael, the appointee, in response to the letter No.AcFII/18099/2019 dated 27.04.2019 .The notifications were published in two Malayalam and two English News Papers viz Mangalam,Deepika,Indian Express and the Hindu dated 28.02.2018.It may be noted that six candidates out of 13 applicants have attended the interview held on 18.04.2018 and Sister Rabeka got 66 marks and was placed first position in the Ranklist. It may also be noted that Sister Rabaeka Rachael had attained qualification for the post of UGC Librarian at the time of notification and as per the forwarded documents from the Educational Agency,it is evident that she has publications both in national and international journals and seminar presentation.
The Educational Agency has requested to ratify the inclusion of Dr.Beenamole.T, (who is not included in the University Panel of experts) in the Selection Committee constituted by the Educational Agency. The Syndicate held on 20.06.2019 considered this matter vide Item No. 11.10.Additional Item No.15 and recommended to seek legal opinion of the Standing counsel on the inclusion of Dr.Beenamole.T, as the Subject Expert who is not nominated by the Vice Chancellor in the Selection Committee. Mean while, the Manager, M.S.C Management,Pattom has forwarded a copy of the Judgment of the Hon'ble High Court of Kerala on WP(C) No.16612/2018 dated 17.07.2018 filed by Bishop Kurialachery College for Women,Amalagiri,Kottayam affiliated to M.G University. It is learnt from the Judgment that, the Government being the paymaster, constitution of Selection Committee as per Direct Payment System , in no way would affect academic excellence intended to be achieved by UGC Regulations and the Court has upheld the composition of Selection Committee constituted as per the relevant statutory provisions of M.G. University Statutes 1997. (copy of the judgment appended).The Manager has requested to take note of the above judgment, relating to the nature and composition of Selection Committee, for the appointment of Asst Professors in Private Colleges affiliated to M G University, while considering their case. As per the resolution of the Syndicate and the orders of the Vice Chancellor to seek the opinion of the Standing Counsel regarding the applicability of the above said Judgment in this case, the matter was placed before the Standing Counsel requesting his learned remarks on 1. The inclusion of Dr Beenamole.T as subject expert in the Selection Committee for the appointment of Librarians, in St. Johns College Anchal, without being nominated by the Vice Chancellor. It may be noted that Dr.Beenamole.T is not included in the University approved panel of experts of Librarians 2. The applicability the above mentioned judgement,in the subject matter 3. Since the appointment of the incumbent is on 03.05.2018, whether the amended Statutes shall hold any validity for the appointment to the post of UGC Librarians, and that too after, 23.02.2016, in the context of the mandatory implementation of UGC Regulations 2010, in the wake of the Apex Court Judgment. The Standing Counsel via Email dated 27.09.2019 has forwarded the following legal opinion. “1. The selection apparently is done without following the mandatory statutory procedure contemplated.Hence the selection is illegal and void” 2. The Judgment referred to has no application as the facts of both the cases are different.Moreover even if the dictum has to be followed, a separate decision binding Kerala University has to be rendered by the Hon'ble Court in which the case the same can be followed without any doubt.In this matter particularly when selection has been done flouting the statutory prescriptions, applying the ratio in another judgment is out of question. 3. There is no need to examine the validity of the selection on aspects which gain no relevance in the backdrop of answers 1 and 2 above” The Vice Chancellor has ordered to place the legal opinion before Standing Committee of the Syndicate on Teaching and non teaching staff of Private Colleges for recommendation. Hence the file is placed before Standing Committee of the Syndicate on Teaching and non teaching staff of Private Colleges for consideration and recommendation, as to whether the request to treat the Subject expert in the selection Committee be considered as the nominee of the Vice Chancellor need be accepted or not in the light of the legal opinion that the action of the Educational Agency is against the Statutes and Regulations in force. The Standing Committee considered the item and recommended that, based on the remarks of the Standing Counsel, the request of the Manager cannot be considered.
Resolution of the Syndicate
RESOLVED that the above recommendation of the Standing Committee of the Syndicate on Teaching and Non-Teaching Staff of Private Colleges held on 14.11.2019, be approved.
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