Pvt colleges have right to appoint faculty, principals of their choice: Punjab and Haryana HC
The Punjab and Haryana high court has said that Panjab University (PU) can’t divest private colleges of their right to choose and select teachers and principals as per their choice.
The high court bench of justice Sanjay Kumar observed that sufficient safeguards, such as getting final approval from varsity, were already in place to ensure that these colleges made appointments in accordance with the prescribed requirements. “The university would therefore have an opportunity to examine whether candidates selected by the colleges satisfy the requisite norms,” it added.
“The move of the university to pre-empt such independent selection by the colleges by introducing its own nominees and also providing for state participation, therefore, cannot be countenanced,” it said, quashing instructions sent in year 2000 to colleges on recruitment from the varsity.
The varsity has 188 colleges affiliated to it in Punjab and Chandigarh.
The petition was filed by Self Financed BEd Colleges Association in 2011. The association had challenged PU’s December 13, 2000 decision wherein the university fixed number of nominees in the committees for appointment of principals and teachers in all non-government arts and science colleges, including colleges of education.
The association had argued that with this, the colleges will not have any effective say in the selections.
In its response, the varsity had argued that the decision was taken to ensure that affiliated colleges adhered to the required standards while recruiting personnel.
BENEFIT APPLICABLE TO ALL COLLEGES
While HC’s order gives relief to BEd colleges only, lawyers associated with the case said other colleges will also get benefit since instructions were similar for all types of colleges. Since, this association was before court, the relief could have been granted to them only, a lawyer said, requesting anonymity.
VARSITY’S DIRECTIVE IN 2000
The selection committee constituted by the college for appointing a principal was to comprise seven members. But, only the chairperson and one member from the college’s governing body were to participate, while three nominees were to be named by the PU vice-chancellor and two nominees would be by the director of public information (colleges).
Similarly, for appointing faculty, the college was to constitute a panel with chairperson of the college’s governing body, the college principal, two nominees of the director of public information (colleges) and three nominees of the vice-chancellor.