Dr.V.Vaidhyanathan v. The University Grand
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 15.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.13888 of 2016 Dr.V.Vaidhyanathan .. Petitioner -vs1.The University Grant Commission, rep. by its Secretary, New Delhi - 110 002.
2.The Periyar University, rep. by its Registrar, University Campus, Periyar Palkalai Nagar, Salem - 636 011.
3.The Joint Director of Collegiate Education, Chennai Region, Chennai-600 015.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent to count the past services of the petitioner rendered as Lecturer/Assistant Professor in Economics at A.M. Jain College, Meenambakkam, Chennai i.e. from 6th June 1993 to March 2001 (for the period of 6 years 7 months 15 days) along with service rendering in the second respondent University for the Career Advancement Scheme as per the UGC Regulations 2010. For Petitioner :
Mr.M.R.Jothimanian For respondents:
Mr.R.Vijayakumar, Additional Government Pleader for R3
O R D E R
The petitioner Dr.V.Vaidhyanathan, has come to this Court seeking a direction to Periyar University/the second respondent to count the past services rendered by him as Lecturer/Assistant
Professor in Economics at A.M. Jain College, Meenambakkam, Chennai i.e. from 6th June 1993 to March 2001 along with services rendering in the second respondent University for the Career Advancement Scheme as per the UGC Regulations 2010. 2.It is the case of the petitioner that he was appointed as Assistant Professor, Department of Economics on 24.06.2005 by the Periyar University/second respondent herein. The University Grant Commission/the first respondent herein has issued Regulations in the year 2010 that past services can be counted for direct recruitment and promotion under Career Advancement Scheme (CAS). While so, on 02.12.
2014, a circular was issued by the second respondent to the Assistant Professors in second respondent University, calling upon them to submit their details with regard to past service rendered as per the UGC Regulations 2010. Originally, he was working as Lecturer/ Assistant Professor in A.M. Jain College, Meenambakkam, Chennai for more than 6 years i.e. from June 1993 to March 2001. For the said experience, the College Authority has issued Teaching Experience Certificate on 09.04.2015 and the same was acknowledged by the Joint Director of Collegiate Education/the third respondent herein. Based on the said circular, the petitioner has submitted an application along with his teaching experience of six years before the second respondent on 29.10.2014 and 28.09.2015 respectively.
While so, another letter was also issued by the second respondent on 18.02.2016 calling upon the Assistant Professors for calculating past services along with the regular services in the University. Based on the said circular, the petitioner again submitted application along with the teaching experience certificate and other relevant documents to the second respondent and thereafter on 17.03.2016, a letter was issued to the petitioner by the second respondent, calling upon to appear before IQAC Committee on 29.03.2016 at about 11.00 a.m. But no committee was convened on the said date. On 01.04.2016, another circular was also issued by the second respondent to the 24 Assistant Professors of second respondent University, calling upon them to appear before IQAC on 04.04.2016.
As his name was not found in the said list, he made a representation to the second respondent on 04.04.2016 to count his past services i.e. June 1993 to March 2001 along with regular service in the University for the promotion to the post of Associate Professor. Since the same is pending without any progress, he is before this Court.
3.Learned counsel appearing for the petitioner would submit that the petitioner would be promoted as Associate Professor on par with others and therefore his claim ought to have been considered by the second respondent University as per the UGC Regulations 2010. Hence, he prays for direction to the second
respondent to consider six years experience of the petitioner along with the service rendered in the second respondent University for promotion to the post of Associate Professor. 4.But I do not find any merit in the submission made by the learned counsel for the petitioner. The petitioner's claim to count his services rendered in A.M.Jain College for the period of six years from June 1991 to March 2001, cannot be accepted for the reason that he served only in a private college and there is no Rule or Regulation or Government Order to calculate such services with the Government Services.
5.Learned counsel appearing for the petitioner would submit that there are some regulations.
6.The said regulations cited by the learned counsel for the petitioner cannot be made applicable to the petitioner's case. As there are no merits in the claim of the petitioner, this Court is not inclined to entertain this writ petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The University Grant Commission, rep. by its Secretary, New Delhi - 110 002.
2.The Periyar University, rep. by its Registrar, University Campus, Periyar Palkalai Nagar, Salem - 636 011.
3.The Joint Director of Collegiate Education, Chennai Region, Chennai-600 015.
+1cc to Mr.M.R.Jothimanian, Advocate Sr.23909 W.P. No.13888 of 2016 GJ I(CO) srg(27/05/2016)