The Central Administrative Tribunal (CAT) on Thursday quashed the appointment of the principal of Government College of Arts (GCA), Sector 10, and remitted the matter back to the UT administration to make fresh appointment as per the UPSC rules.
An associate professor of the college had moved the tribunal against the Union of India and the UT adviser alleging that he was eligible for appointment for the post of principal, GCA, Sector 10, but an ineligible person was selected blatantly ignoring the set rules.
The order states, “It is obvious that those who are working in the arts college have a heart burning to have an ineligible person to work as principal than those who have worked in the college for the past 30 years. The matter is remitted back to the UT administration to fill up the post of the principal through the UPSC as soon as possible as per the rule formation.
Till then they can consider giving the current charge to any one of the existing faculty member who are eligible. The arrangement can continue till a regular incumbent joins. In case the respondents come to a situation where they are unable to find a suitable person from the eligible flock, they can resort to making appointment of a person from the administrative side as a short gap arrangement so that the administrative work of the college does not suffer.”
The applicant Manohar Lal stated that he joined the department as ad hoc lecturer in 1990. The post was later on redesignated as assistant professor.Thereafter in 1996, he was granted senior grade and selection grade in the year 2002. He was placed at the top of seniority list of lecturers in 2010. While he was working as the associate professor he was given additional charge of post of principal in addition to his own duties up to December 2009. Subsequently, he showed his unwillingness to continue due to family problem.
In June 2012, he was again given the charge of the senior most associate professor and he continued till December 19, 2014.
As per the Government College of Art, Chandigarh Administration Recruitment Rules 1984, he was eligible for the regular appointment for the post of principal. The UT administration notified new rules under which the post of the principal was to be filled up 100 per cent by direct recruitment.
It was alleged that in total disregard of the 2010 rules and without following the fair procedure, the UT administration through the adviser gave additional charge of the principal’s post to Dr SS Dahiya, director, State Council of Education and Research Training, Sector 32, Chandigarh.