Pondicherry University Non-Teaching Staff Welfare Association v. Pondicherry University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Pondicherry University Non-Teaching Staff Welfare Association Rep. by its President K.Kaliaperumal S/o. Kaliappan Registration No.237 of 1989 Basement Floor, Administrative Block R.Venkataraman Nagar Kalapet, Puducherry 605 014.

..

Petitioner Vs.

1. Pondicherry University Rep. by its Registrar (i/c) R.V.Nagar, Kalapet Puducherry 605 014.

2. The Vice Chancellor Pondicherry University R.V.Nagar, Kalapet Puducherry 605 014.

3. The Secretary Department of Higher Education Ministry of Human Resources Development (MHRD) Government of India, Shastri Bhawan New Delhi 110 001.

4. University Grants Commission Rep. by its Secretary Bhagadurshah Zafar Marg New Delhi 110 002.

5. Dr.B.Chitra ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to fill up the vacancies in the post of Registrar and Controller of Examination for which advertisement No.PU/RC/2020/37 dated 08.09.220 was issued by the 1st respondent to appoint the Registrar In Charge from among the eligible persons in terms of Recruitment Rules and to issue fresh advertisement and complete the recruitment process of the Registrar and Controller of Examination within the time frame stipulated by this Court.

For the Petitioner : Mr.Balan Haridas For the Respondents : Mr.V.Balamurugane for Respondents 1 & 2 Mr.Rabu Manohar for Respondent-3 Mrs.V.Sudha

for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Balan Haridas, learned counsel for the petitioner, Mr.V.Balamurugane, learned counsel for the respondents 1 and 2, Mr.Rabu Manohar, learned counsel for the third respondent and Mrs.V.Sudha, learned counsel for the fourth respondent.

2. Under order dated 11.03.2024, we had observed that the University is functioning without a regular Vice Chancellor and a regular Registrar. We had directed the in-charge Vice Chancellor to proceed ahead for filling the post of Registrar as contemplated under the statute. The publication was already given inviting applications for the post of Registrar. The candidates are also shortlisted on 17.08.2023. We had observed that there is no necessity to stall the process of appointment of Registrar only because the regular Vice Chancellor demitted office. We had also observed that in case the Selection Committee is not constituted, the same shall be constituted

immediately as provided under the statute. We had directed the incharge Vice Chancellor to do the needful.

3. Learned counsel for the University submits that now the Selection Committee has been constituted and letter has been issued for conduct of interview on 6th and 7th of April, 2024. However, on 04.04.2024, a letter was again issued to the candidates stating that interview is postponed due to administrative exigencies. Learned counsel submits that because of the ensuing elections, the same is postponed.

4. We fail to understand the said reason for postponing the interviews. We had directed the respondents to continue with the selection process of the Registrar as it was commenced more than six months back. However, there is no headway.

5. The interview shall be conducted by the end of May, 2024 and the entire selection process for the appointment of Registrar shall be concluded by 30th June, 2024.

6. With these directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.21905 of 2021 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 10.04.2024 Index :

Yes/No :

Yes/No kpl To

1. The Registrar (i/c) Pondicherry University R.V.Nagar, Kalapet Puducherry 605 014.

2. The Vice Chancellor Pondicherry University R.V.Nagar, Kalapet Puducherry 605 014.

3. The Secretary Department of Higher Education Ministry of Human Resources Development (MHRD) Government of India, Shastri Bhawan New Delhi 110 001.

4. The Secretary University Grants Commission

Bhagadurshah Zafar Marg New Delhi 110 002.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J (kpl) 10.04.2024