Dr.G.Barani v. The Vice Chancellor,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.2755 OF 2020 AND WMP NO.3206 OF 2020 Dr.G.Barani ... Petitioner -Vs1. The Vice Chancellor, Bharathiar University, Coimbatore - 641 046.

2. The Registrar, Bharathiar University, Coimbatore - 641 046.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to issue No objection certificate for completion of my probation period and direct the second respondents to consider my application dated 22.01.2020 for the post of Professor in Bharathiar School of Management and Entrepreneur Development (B.S.B.E.D).

For Petitioner : Mr.J.James For Respondents : Mr.L.P.Shanmuga Sundaram Standing Counsel

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to issue no objection certificate for completion of probation and to direct the 2nd respondent to consider the petitioner's application dated 22.01.2020 and permit the petitioner to participate in the Career Advancement Scheme (CAS), which in turn will enable the petitioner for further promotion.

2. The case of the petitioner is that he is an Associate Professor in the first respondent University. The petitioner was appointed by proceedings dated 22.11.2016. The petitioner joined the service of the first respondent on the same day. According to the petitioner, the probation should have been declared after the completion of 2 years as per the the appointment order. Since the same was not declared, the petitioner and similarly placed persons had submitted a representation to the respondent University for declaring the probation. According to the petitioner, only if the probation is declared and the petitioner is confirmed in the post, the petitioner will be able to participate in the CAS for further promotion. In view of the non declaration of the probation, the petitioner is not able to participate in the CAS. Therefore, the present Writ Petition has been filed seeking for appropriate direction.

3. Heard Mr.J.James, learned counsel for the petitioner and Mr.L.P.Shanmuga Sundaram, learned counsel for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner,there shall be a direction to the respondents to consider the representation made by the petitioner on 22.01.2020 and pass appropriate orders regarding the declaration of probation, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with the copy of the representation dated 22.01.2020 and also a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rka

To

1. The Vice Chancellor, Bharathiar University, Coimbatore - 641 046.

2. The Registrar, Bharathiar University, Coimbatore - 641 046.

+1cc to Mr.J.James, Advocate, S.R.No.9389 +1cc to Mr.L.P.Shanmuga Sundaram, Advocate, S.R.No.9713 W.P.NO.2755 of 2020 PVS(CO) CS/28/05/2020