Tamil Nadu Library Professionals Association (Talpro) v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.5700, 5702 & 5703 of 2023 Tamilnadu Library Professional Association (TALPRO), Rep. by its General Secretary, Dr.T.Magudeeswaran, No.20/3, 2nd Floor, Naidu, 2nd Lane, Kottur, Chennai-600 085.
... Petitioner -Vs1. The Registrar, Anna University, Chennai - 600 025.
2. State of Tamilnadu Rep. by its Principal Secretary, Department of Higher Education (C2), Secretariat, Fort St., George, Chennai-600 009.
3. All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110 070.
4. University Grant Commissioner (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002.
... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in his letter (1D) No.356/C2/2022 dated 28.12.2022 as being illegal and unsustainable in law and for a consequential direction to the first respondent university to act as per the guidelines issued vide Public Notice dated 05.08.2021 by the 3rd respondent AICTE regarding time limit of completion of orientation/refresher course, etc., for promotion under CAS to the Librarians of the 1st respondent University.
For Petitioner : M/s.Kavitha Rameshwar For Respondent 1 : Mr.Avinash Wadwani Standing Counsel For Respondent 2 : Mr.D.Ravichandar, Special Government Pleader For Respondent 3 : Mr.B.Rabu Manohar Senior Central Government Standing Counsel For Respondent 4 : Mrs.S.Thiruvengadam, Central Government Standing Counsel
ORDER
This writ petition has been filed challenging the proceedings issued by the 2nd respondent dated 28.12.2022 and for a consequential direction to the first respondent university to act as per the guidelines issued vide Public Notice dated 05.08.2021 by the 3rd respondent AICTE regarding time limit of completion of orientation/refresher course etc., for promotion under CAS to the Librarians of the first respondent university.
2. The petitioner is a General Secretary of the Association namely Tamilnadu Library Professionals Association (TALPRO). The
association has been established for the welfare and interest of Library Professionals in Tamilnadu. The Career Advancement Scheme (CAS) applicable to the faculty members and Librarians of the first respondent university issued by University Grants Commission (UGC) and All India Council of Technical Education (AICTE) completion of orientation and refresher courses are also mandatory apart from the number of years of experience in the previous post, for promotion to the next post.
3. As per the CAS norms, past services has to be eligible for counting. It is also to be counted for the purpose of promotion under CAS. The AICTE (All India Council For Technical Education) had issued a public notice dated 05.08.2021 wherein it has been stated as follows:
''All India Council for technical Education vide Sl.No.11 of AICTE Gazette Notification dated 20.05.2020 had clarified that there shall be no relaxation in the mandatory requirement of total duration of programmes for promotion under CAS for faculty members/Librarians/PTIs in Degree/Diploma level institutions. It was also clarified that one-time extension for completion of these programmes had already been given until 07.11.2015. The University Grant Commission vide its Public Notice 216/2002(PS)/Pt.F.1.II dated 16.10.2018 had extended the date of participation/completion in orientation/refresher courses/short
term training programmes/continuing education programmes for promotion under CAS up to 31.12.2018 with respect to 6th CPC. In view of the same, the council too has decided to extend the date of completing Orientation/Refresher Courses/Short-term Training Programmes/Continuing Education Programmes, for promotion under CAS for faculty member/Librarians/PTIs in Degree/Diploma level institutions upto 31.12.2018 for all the candidates to ensure uniformity''
4. The issue was taken by the first respondent university for clarification with the 2nd respondent with regard to the time limit for completion of the orientation/refresher course in order that the benefit of UGC regulations as well as the AICTE regulations can also be extended to the faculty and staff of the 1st respondent by way of specific Government Order. In this regard, the 2nd respondent has issued a letter dated 28.12.2022 rejecting the said request. The requirement for orientation and refresher course for promotion due under the CAS shall not be mandatory upto 31.12.2018. However, the said impugned letter of the 2nd respondent dated 28.12.2022 has been challenged in this writ petition.
5.
Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6.
The learned counsel appearing for the petitioner relied upon the order passed this Court in W.P.No.20558 of 2018 dated 15.06.2022 in the case of Dr.A.Balamurugan Vs. The Barathiar University, as follows:- "15. Now the controversy is in a very narrow compass, and the issue to be decided is as to whether the petitioner is entitled to get promotion to the post of Assistant Professor Stage-II with effect from 07.03.2013 or from 14.06.2014.
16. The only hurdle for the petitioner to get such promotion from 07.03.2013 instead of 14.06.2014 is that, the petitioner completed the refresher course only on 13.06.2016, which was one of the essential qualification as per the 2010 Regulations.
17. However, the 2018 UGC Regulations made it clear that till 31.12.2018 the requirement of orientation and refresher course shall not be treated as mandatory one, and thereby that can be dispensed with. Therefore, based on the requirement of refresher course or orientation course the promotion need not be delayed to any incumbent like the petitioner in view of the 2018 UGC Regulations, which has in fact been adopted by the State Government in G.O.Ms.No.5 dated 11.01.2021. Therefore, the benefit of the UGC Regulations 2018 followed by the Rule of the State Government, which adopted the 2018 Regulations can very
well be extended to the petitioner. If that being so, the petitioner would be entitled to hold the post of Assistant Professor Stage II with effect from 07.03.2013 instead of 14.06.2014. Therefore, this Court feels that the impugned order can be interfered with to that extent.
18. In the result, the following orders are passed in this writ petition.
* That the impugned order giving promotion to the petitioner to the post of Assistant Professor Stage II to the extent 'with effect from 14.06.2014' is hereby set aside. * As a sequel, there shall be a direction to the respondent University to confer such promotion to the petitioner ie., Assistant Professor Stage II with effect from 07.03.2013 and accordingly the consequential service benefits also can be conferred on the petitioner.
* The needful as indicated above shall be undertaken by the respondent University within a period of eight weeks from the date of receipt of a copy of this order." Thus, it is clear that till 31.12.2018, the requirement of orientation and refresher course shall not be treated as mandatory one and it can be dispensed with.
7.
Further the Hon'ble Division Bench of this Court in the judgment dated 20.10.2023 passed in W.A.No.224 of 2023 etc., batch in the case of Dr.R.Prabhakaran Vs. The Registrar, Bharathiar University and ors., held that even if the State government is a body that funds the university, the State government cannot under the guise of auditing the accounts of the university, interfere with the internal administration of the university, which power of the university includes the power to make appointments as well as further promotions.
Therefore, the third respondent completely ignored the factual background as well as the circumstances in which the petitioner claims to be appointed as Assistant Professors in the respondent university under the UGC plan and more importantly, that it was beyond their power as well as jurisdiction under the Tamil Nadu Local Fund Audit Act, 2014 as well as under the Bharathiar University Act, 1981, to have raised objections with regard to the validity of the appointments made under the UGC XI Plan. Further the UGC regulations of the year 2018 have also been adopted by the Government in G.O.Ms.No.5 Higher Education Department, dated 11.01.2021, wherein it has be reiterated the requirement of orientation and refresher course for promotion due under the CAS shall not be mandatory upto 31.12.2018.
be sustained and liable to be quashed.
8.
Accordingly, the impugned proceedings dated 28.12.2022, passed by the 2nd respondent is hereby quashed and the Writ Petition stands allowed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs. 22.02.2024 (1/2) Index : Yes/No Speaking/Non Speaking order gvn
To
1. The Registrar, Anna University, Chennai - 600 025.
2. State of Tamilnadu Rep. by its Principal Secretary, Department of Higher Education (C2), Secretariat, Fort St., George, Chennai-600 009.
3. All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110 070.
4. University Grant Commissioner (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002.
G.K.ILANTHIRAIYAN. J, gvn 22.02.2024 (1/2)