http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/row-over-american-college-principal-ends/article4363843.ece
Row over American College principal ends
The Madras High Court Bench here on Wednesday held that
there was no illegality, bias or unfairness in the appointment of M.
Davamani Christober as Principal of the American College here through a
secret ballot system in 2011 when he was a member and his father-in-law
A. Christopher Asir (since dead) was chairman of the college’s governing
council.
A Division Bench of Justice M. Jaichandren
and Justice S. Nagamuthu passed the order while allowing a writ appeal
filed by the governing council. The appellant had challenged an order
passed by a single judge last year quashing the appointment of Mr.
Christober on the ground of bias. The order was passed in a writ
petition filed by S. David Amirtha Rajan, an aspirant to the post of
principal.
Setting aside the single judge’s order,
the Division Bench held that Mr. Rajan could not question the selection
process after having participated in it with the knowledge of the other
contender being a member of the governing council and also a son-in-law
of the council’s chairman.
“It would not be open to
him to raise the issue relating to bias after he had been left out of
the race at the final stage,” the Bench said.
Writing
the judgement for the Bench, Mr. Justice Jaichandren also said that it
was not in dispute that the American College was a government aided
minority institution possessing the right to administer its own affairs
as guaranteed under Article 30 of the Constitution.
It had the right to adopt a reasonable method to select the right candidate for the post of principal.
“Therefore,
the final selection of the candidate for the post of principal by way
of voting through a secret ballot cannot be said to be arbitrary or
illegal even if it is found to unusual to some extent. Once it is found
that the candidates who had been shortlisted for the final selection
possess the basic qualifications, it is for the governing council to
formulate its own reasonable method to take the final call,” the Bench
added.
Mr. Rajan had raised another contention that
Mr. Christober possessed a doctorate in Education and it was not a valid
qualification for holding the post of principal as per the University
Grant Commission Regulations issued in 2010.
Replying
to it, the judges said that the validity of the qualification could be
decided by Madurai Kamaraj University in consultation with the UGC
within three months.
Until then, Mr. Christober must
be allowed to function as the principal as per an appointment order
passed in his favour on October 28, 2011.