Chandigarh: CAT quashes appointment of arts college principal
As per the order, the applicant had contended that Jain does not possess the requisite qualifications for the post of principal, as she holds a masters degree and PhD in history, which is not the relevant discipline for the required position
The Chandigarh bench of Central Administrative Tribunal has quashed the appointment of Alka Jain as principal of Government College of Arts, Sector 10, who was given the charge in 2022.
As per the order, the petitioner had contended that Jain does not possess the requisite qualifications for the post of principal, as she holds a masters degree and PhD in history, which is not the relevant discipline for the required position.
As per the Government College of Art, Chandigarh Administration’s Principal (Group ‘A’) Recruitment Rules, 2010, the post of principal requires a bachelor’s and master’s degree in an appropriate branch of fine arts (applied arts, fainting, or sculpture) or an equivalent qualification, with first class in either degree. Additionally, a PhD or equivalent qualification in the appropriate discipline is mandatory, along with 10 years of experience in teaching, research, or industry, out of which at least three years must be at a senior level.
In her reply, she stated that Panjab University recognised BFA as equivalent to a master’s degree. She worked as a studio assistant (1987-1990) and later joined the college as a lecturer (1990). Her services were regularised retrospectively from 1990 following a 2008 high court order. Over time, she was promoted and is now an associate professor.
The UT administration also argued that the appointment was made in good faith to ensure the smooth functioning of the institution. They submitted that given the absence of a regularly appointed principal since 1989, several ad hoc arrangements have been made in the past, including the assignment of the post to IAS/PCS officers.
The tribunal noted that while seniority was an important factor, it cannot override the fundamental requirement of fulfilling the prescribed qualifications. The 2010 Recruitment Rules explicitly state that the principal must possess a bachelor’s and master’s degree in fine arts (applied arts, painting, or sculpture) with first class in either a PhD in the appropriate discipline along with at least 10 years of teaching/research/industry experience.
“Upon examination, it is evident that respondent number 4 does not fully meet these criteria,” the bench further noted and added that her qualifications do not strictly align with the prescribed requirements of the 2010 Rules.
“Ignoring this precedent and appointing a candidate who does not fulfil the prescribed academic qualifications goes against established legal principles and fairness,” the bench further observed.