Madras High CourtWP/26145/2017disposed of

S.Anthony David Nathan, v. The Tamil Nadu Teacher

2017-10-09Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.26145 of 2017 S.Anthony David Nathan ..

Petitioner -vsThe Tamil Nadu Teacher Education University rep.by its Registrar Gangaiamman Kovil Street, Karapakkam Chennai 600 097 ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the Notification of the respondent University in its Advt.No.TNTEU/R/Registrar Advt.2017/1702 dated 11.07.2017 and published on 14.07.2017, in so far it reserves the post of Registrar in the Tamil Nadu Teacher Education University and also to quash the same and consequently direct the respondent University to consider the case of the petitioner for the post of Registrar, strictly in accordance with the University Grants Commission guidelines.

For Petitioner:: Mr.N.R.Chandran Senior Counsel for Mr.R.Kannan For Respondent:: Mr.V.Venkateshan

ORDER

This writ petition has been filed challenging the impugned notification issued by the respondent University in its advertisement No.TNTEU/R/Registrar Advt.2017/1702 dated 11.07.2017 and published on 14.07.2017, on the ground that the Registrar in-charge of the Tamil Nadu Teacher Education University, without adopting the guidelines of the University Grants Commission, has invited applications for the post of Registrar mentioning that 20 years of experience as Assistant Professor and 10 years as Associate Professor are preferable, only for the purpose of giving preference to certain people. In the present case, the petitioner has obtained the Post Graduate Degree in M.A.(Tamil) in the year 1989 and M.Phil (Tamil) in

1990 and is presently working as Assistant Professor (Tamil) in L.N.Government Arts College, Ponneri, Tiruvallur. Subsequently, in the year 2009, he has also obtained his doctorate in Tamil. When the University Grants Commission norms prescribe that a person with minimum 15 years of experience as Assistant Professor will qualify for the said post, the respondent-Tamil Nadu Teacher Education University norms clearly prescribe that any person ranked below the position of Professor is ineligible for the post of Registrar of the respondent University. Therefore, the impugned notification, being prima facie unfair and unjustified and also running contrary to the University Grants Commission norms, is liable to be quashed, the learned senior counsel pleaded. Placing on record the interim order passed by me in W.P.(MD) No.16046 of 2017 dated 31.

8.2017, he submitted that instead of staying the entire proceedings keeping the writ petition pending, alternatively, a direction may be issued to the respondent to permit the petitioner to take part in the interview for the said post by receiving his application. Since the impugned notification has mentioned 20 years of experience for Assistant Professor and 10 years as Associate Professor, the petitioner, apprehending rejection of his application, has not applied.

2. The learned standing counsel for the respondent University submitted that the last date for submission of the application was on 16.8.2017. Till date, the petitioner has not applied. Only after the last date, the petitioner has come to this Court. In the meanwhile, the respondent has started the process, however, no call letter has been issued to anyone.

3. This Court, keeping in mind that the respondent University has not issued any call letter to any of the candidates, deems it fit to direct the petitioner to submit his application within two days from today. On receipt of application, if any made, within two days, the respondent shall invite the petitioner also for participation in the selection process, consider his case and pass appropriate orders on merits thereafter. With this direction, the writ petition stands disposed of accordingly. Consequently, W.M.P.Nos.27785 to 27787 of 2017 are closed. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ss

1. The Registrar Tamil Nadu Teacher Education University Gangaiamman Kovil Street Karapakkam Chennai 600 097 +1 Cc to Ms. U. Venkatesan, Advocate sr 72233. +1 Cc to Ms.R. Kannan, Advocate sr 72399.

W.P.No.26145 of 2017 GMI(CO) sp(10/10/2017)