Section 35 of the Central Universities Act, 2009 - Right to Appeal
Section 35 creates a statutory appellate remedy for employees and students of a University, or of a College or Institution maintained by the University, against specified decisions of University or institutional authorities.
What Section 35 provides
Every employee or student of the University or of a College or Institution maintained by the University has, notwithstanding anything contained in the Act, a right to appeal, within the time prescribed by the Statutes, to the Executive Council against a decision of an officer or authority of the University, or of the Principal or management of a College or Institution, as applicable. The Executive Council may confirm, modify or reverse the decision appealed against.
The paragraph above is a concise restatement for readability. For the authoritative statutory text, consult the official India Code copy of the Central Universities Act, 2009.
Meaning and scope of the right to appeal
The provision begins with a non-obstante expression - "notwithstanding anything contained in this Act". In practical terms, Section 35 gives the appeal right overriding operation within the Act where its requirements are satisfied.
The remedy is available to an employee or student of the University and also to an employee or student of a College or Institution maintained by the University. The appeal lies to the Executive Council, which is empowered to examine the challenged decision and either confirm it, modify it or reverse it.
Who may file an appeal under Section 35?
- An employee of the University.
- A student of the University.
- An employee or student of a College maintained by the University.
- An employee or student of an Institution maintained by the University.
Which decisions may be appealed?
Section 35 refers to decisions of an officer or authority of the University and, where applicable, decisions of the Principal or management of a College or Institution maintained by the University. Whether a particular decision falls within the provision depends on the statutory framework, the applicable University Statutes and the facts of the case.
Time limit for filing the appeal
Section 35 itself does not prescribe a uniform number of days. It requires the appeal to be filed within the time prescribed by the Statutes. A person proposing to appeal should therefore check the Statutes applicable to the particular Central University before calculating the limitation period.
Powers of the Executive Council
After considering an appeal under Section 35, the Executive Council may confirm, modify or reverse the decision under challenge. The provision therefore confers substantive appellate power rather than merely a power to forward or reconsider a representation.
Section 35 and Section 34
Section 34 separately deals with appeal and arbitration in specified disciplinary matters concerning students. Section 35 is framed more generally and provides a right of appeal for both employees and students against the categories of decisions described in that section.
Related provisions
Section 33 deals with conditions of service of employees and arbitration of disputes arising out of employment contracts. Section 34 addresses specified disciplinary proceedings involving students. These provisions should be read with the applicable Statutes when identifying the correct remedy and procedure.
Official statutory source
The Central Universities Act, 2009 is Central Act No. 25 of 2009. The authoritative consolidated text should be checked on India Code, particularly when an appeal, limitation period or University Statute is being relied upon.
Official India Code - Central Universities Act, 2009