A.Madanagopal v. The Registrar Annamalai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.31590 of 2016 and W.M.P.No.27424 of 2016 A.Madanagopal ... Petitioner vs.
The Registrar, Annamalai University, Annamalai Nagar, Cuddalore District - 608 002.
... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to consider the representation dated 4.8.2016 of the petitioner as place the same before the syndicate for consideration within the time frame as stipulated by this Court. For Petitioner :
Mr.W.M.Abdul Majeed For Respondent :
Mr.Suresh Kumar
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider his representation dated 4.8.2016 and place the same before the syndicate for consideration within the time frame as stipulated by this Court.
3. It is the case of the petitioner that he was appointed as Special Officer in the Department of Distance Education in the year 2007. Before joining the respondent University, the petitioner has served as Assistant Professor in Physics in various colleges from 1998 to 2006 and as such, he gained a teaching experience of 7 years and 8 months. After joining the respondent University, he was sent on deputation to the Indian Maritime University as Assistant Registrar in the year 2012. During that period, he has the opportunity of acting
as Co-ordinator for conducting CET exams in Indian Maritime University, Chennai. He also went as an observer for the JNU, B.Tech Exams and he had also undergone SIMAP Training of UT, Chennai. The Syndicate Meeting of the respondent University held on 23.4.2007 has resolved to appoint the Special Officers working in the Directorate of Distance Education or Study Centre in the post of Lecturers, if they possess the requisite qualification. Further, the Syndicate Meeting of the respondent University held on 23.4.2007 has resolved to appoint Special Officers working in the Directorate of Distance Education or Study Centre in the post of Lecturers, if they possess the requisite qualification. Further more, the University's Grant Commission by notification dated 14.6.
2006 has effected modification to its already existing rules with regard to minimum qualification. Since the petitioner has a teaching experience of 7 years and 8 months and put in 17 years of total experience, he is fully eligible to be appointed to the post of Assistant Professor in the respondent University. In this regard, he sent a representation dated 4.8.2016 to the respondent, but there was no reply till date. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.
5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner dated 4.8.2016 seeking appointment to the post of Assistant Professor in his University and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the claim projected by the petitioner and it is for the respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sbi
To The Registrar, Annamalai University, Annamalai Nagar, Cuddalore District - 608 002.
+ 1 cc to MR. W. Abdul Majeed, Advocate SR.51851 W.P.No.31590 of 2016 SR(CO) Eu 30.09.16