M.Ganesh,B.V.A., M.F.A, v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-12-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP No. 10252, 10254 and 10257 OF 2024 M.Ganesh Petitioner(s) Vs
1. Union of India Rep By its Secretary (Education), Government of Puducherry, Chief Secretariat, Puducherry- 605 001.
2.The University Grants Commission Rep By Its Secretary, Bahadurshah Zafar Marg, New Delhi- 110 002.
3.The Member Secretary All India Council For Technical Education (AICTE) Southern Regional Office, No.26, Haddows Road, Shastri Bhavan, Nungambakkam, Chennai-06.
4.Secretary Government of Puducherry Department of Higher And Technical Education, Chief Secretariat, Puducherry-605 001.
5.Secretary to Government of Puducherry Department of Art And Culture, Chief Secretariat, Puducherry-605 001.
6.Employment Exchange Rep by Employment Officer, Puducherry.
7.The Vice Chancellor Pondicherry University, Puducherry.
8.Member Secretary Bharathiyar Palkalai Koodam, Cuddalore Main Road, Ariyankuppam, Puducherry-605 007.
9.The Principal Bharathiyar Palkalai Koodam, Cuddalore Main Road, Ariyankuppam, Puducherry-605 007.
10.Mahalakshmy Gowmary 11.P.Sukumar 12.L.Janarthanan 13.V.Vasantha Raja 14.T.Sangeedha 15.A.Kumar 16.G.Tirounavacarassou 17.S.Revanraj 18.C.Sandeep 19.P.Radja 20.D.Gayathry 21.D.Anthoni Gurz Respondent(s) PRAYER;
The Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 8th and 9th Respondents advertisement dated 21.01.2024 published in Dhina Thandi Tamil Newspaper dated 21.01.2024 calling for Lectureres in Music, Dance and Fine Arts at Bharathiar Palkalaikoodam along with 8th and 9th Respondent selection panel dated 14.02.2024of Hourly Basis Teaching Staff (Guest) appointing Respondents 10 to 21 as guest Lecturers in 9th Respondent
Institution Bharathiar palkalaikoodam and quash the same as illegal and in violation of AICTE norms ad Consequently direct the 8th and 9th Respondents to appoint the petitioner herein as Assistant Professor in Fine arts Department in the 8th and 9th Respondent institution Bharathiar Palkalakoodam as sponsored by Employment Exchange. For Petitioner(s):
Mrs.Bhuvaneswari For Respondent(s):
Mr. Syed Mustafa SGP (Pondy) For R1, RR4 to 9 Ms. Sudha Standing Counsel For R2.
Mr. Rabu Manohar For R3.
Smr. R. Sreedhar For R6.
Mrs. Sridharshini S For R14
ORDER
Aggrieved by the advertisement issued by the 8th and 9th Respondents dated 21.01.2024 published in Dhina Thandi Tamil Newspaper dated 21.01.2024 calling for Lectureres in Music, Dance and Fine Arts at Bharathiar Palkalaikoodam on Hourly Basis Teaching Staff (Guest) as guest Lecturers in 9th Respondent Institution Bharathiar palkalaikoodam and Consequently direct the 8th and 9th Respondents to appoint the petitioner herein as Assistant Professor in Fine Arts Department in the 8th and 9th Respondent institution Bharathiar Palkalakoodam as sponsored by Employment Exchange.
2. According to the petitioner, he is a Post -Graduate in visual Arts. The petitioner has duly registered himself with employment exchange Puducherry. On 20.09.2023, the Principal of the 8th respondent Institution had requested the employment exchange to sponsor candidates for the Assistant Professor
vacancies in fine Arts. Accordingly, the Employment Exchange spoinsored three candidates including the petitioner herein to the 8th respondent as per Employment Exchange seniority. The petitioner was awaiting interview by the selection committee. However, the respondents 8 & 9 have published an advertisement on 21.01.2024 in Dinathanthi calling for suitable candidates for appointment on hourly basis in the fields of Music, Dance and fine arts. According to the petitioner, the post of Assistant Professor could be filled only by a due selection process headed by the Selection Committee and there is no posts of guest lecturer. Seeking to quash the advertisement dated 21.01.2024, the present writ petition has been filed.
3. The second respondent has filed a counter affidavit annexing the UGC Notification dated 18.07.2018. The respondents has also annexed a letter from the University Grants Commission addressed to the Registrars, of all Universities dated 28.01.2019. In the said letter, the Honorarium for guest faculty has been enhanced from Rs.1500/- per lecture to a maximum of Rs.50,000/- per month. The qualification for guest faculty shall be same as those prescribed for the regular Assistant Professors of Universities/colleges in UGC Regulations. It was also advised that the guest faculty shall be appointed only against sanctioned post. However, the composition of the Selection Committee has also been mentioned in the said letter. It was made clear that guest faculty shall not be treated like regular teachers for the purpose of voting rights or for
becoming the members of the various statutory bodies of the university. Guest Faculty would not be entitled for benefit of allowances, pension, gratuity and leave etc., as admissible to the regular teachers.
4. Heard both sides and perused the materials available on record.
5. The petitioner cannot question as to the post to which the authorities intent to advertise and call for candidates for selection. The respondents 8 & 9 have advertised for selecting candidates for the post of lecturers on an hourly basis. It is well within the domain and wisdom of the authorities to choose to advertise the posts which they feel, is required. The petitioner cannot dictate terms that the authorities should advertise only for selecting regular candidates. It is upto the petitioner to either respond to the advertisement or reject the same. The Advertisement is dated 21.01.2024. Almost two years have lapsed since then. This Court has not granted any interim stay for the advertisement and the selection process could have been completed by this time. Therefore, this Court is not inclined to entertain the prayer sought in the writ petition.
6. Accordingly, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 15-12-2025 rli
Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Union Of India Rep By Its Secretary (education), Government Of Puducherry, Chief Secretariat, Puducherry- 605 001.
2.The University Grants Commission Rep By Its Secretary, Bahadurshah Zafar Marg, New Delhi- 110 002.
3.The Member Secretary All India Council For Technical Education (AICTE) Southern Regional Office, No.26, Haddows Road, Shastri Bhavan, Nungambakkam, Chennai-06.
4.Secretary Government of Puducherry Department of Higher And Technical Education, Chief Secretariat, Puducherry-605 001.
5.Secretary To Government Of Puducherry Department of Art And Culture, Chief Secretariat, Puducherry-605 001.
6.Employment Exchange Rep By Employment Officer, Puducherry.
7.The Vice Chancellor Pondicherry University, Puducherry.
8.Member Secretary Bharathiyar Palkalai Koodam, Cuddalore Main Road, Ariyankuppam, Puducherry-605 007.
9.The Principal Bharathiyar Palkalai Koodam, Cuddalore Main Road, Ariyankuppam, Puducherry-605 007.
M.DHANDAPANI J.
rli 15-12-2025