R. Vinodh Kumar v. The Chancellor
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD).No.2 of 2013 R.Vinodhkumar ... Petitioner -Vs1.The Chancellor, Bharathidasan University, Raj Bhavan, Guindy, Chennai-600 025.
2.The Vice-Chancellor, Bharathidasan University, Palkalaiperur, Trichirapalli-620 024.
3.The Registrar, Bharathidasan University, Trichirapalli-620 024.
4.M.Mirunalini, Assistant Professor, Department of Educational Technology, Khajamalai Campus, Bharathidasan University, Trichirapalli-620 024.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the minutes issued by the 2nd respondent in his proceedings No.210th Syndicate Meeting, dated 22.12.2012 in so far as the appointment of the fourth respondent as Assistant Professor in Educational Technology is concerned and quash the same as illegal and consequentially to direct the respondents to consider the petitioner for appointment to the said post under SC-A Category within the period that may be stipulated by this Honourable Court. For Petitioner : Mr.Mohamed Imran for M/s.Ajmal Associates For R1 to R3 : Mr.VR.Shanmuganathan Special Government Pleader For R4 : No Appearance 1/4
ORDER
The minutes passed by the second respondent in the Syndicate Meeting, dated 22.12.2012, regarding the appointment of the fourth respondent as Assistant Professor, is under challenge in the present writ petition.
2.The petitioner states that he belongs to Schedule Caste Arunthathiyar (SC-A) Category. He has completed B.Sc., (Geography) during 2004 and M.Sc., (Geography) in 2006. The petitioner completed B.Ed., during 2007, M.Ed., (Education) in 2008 and M.Phil., (Educaiton) in 2009. He passed NET/SET (Geography) during 2006. He appeared for NET (Education) during 2012 and the result was published on 18.09.2012. The third respondent invited applications from the eligible candidates for appointment to the sanctioned posts of Assistant Professor in Educational Technology vide notification dated 22.08.2012.
3.It is pertinent to note that the notification was issued on 22.08.2012 and the writ petitioner had completed his NET (Education) on 18.09.2012. Thus, after the issuance of recruitment notification by the third respondent, the writ petitioner had completed his NET (Education). Though he appeared in the examination in June 2012, the result was published on 18.09.2012. Thus for all purposes, he completed NET examination only after the issuance of recruitment notification by the third respondent. 4.The learned counsel appearing on behalf of the writ petitioner made a submission that the fourth respondent was appointed an extraneous consideration. The fourth respondent had not even submitted his application for recruitment. Thus, the entire appointment was corruptive and the appointment was provided to mandate who had not even applied, pursuant to the recruitment notification.
5.The learned Special Government Pleader appearing on behalf of the respondents 1 to 3 disputed the said contentions by stating that the writ petitioner is not at all qualified for appointment to the post of Assistant Professor as per the recruitment notification. He was not possessing the requisite qualification as per the UGC Regulations. Thus his candidature was rejected and the fourth respondent was appointed. Thus, the unqualified writ petitioner has no locustandi to quash the appointment of the fourth respondent. 6.This Court is of the considered opinion that the ineligibility of the writ petitioner has been narrated in Paragraph No.5 of the counter, which reads as under:- 2/4
"...5.I submit that the averment in the paragraph 6 with regard to the qualification prescribed for the post of Assistant Professor in Education Technology is correct, but it is not correct to contend that candidates who have completed M.Phil prior to July 2009 are exempted from NET qualification. I submit that as per the UGC regulations in respect of Minimum qualification for appointment of Lecturer/Assistant Professors is that, NET/SLET shall remain the minimum eligibility condition for recruitment of Assistant Professor in University or the candidate must have been awarded Ph.D Degree in compliance of the UGC, Regulation 2009. Since the petitioner herein had neither passed the NET/SLET nor awarded Ph.D. I further submit that the petitioner did not fulfill the minimum qualification which is mandatory under the UGC Regulations for the recruitment of Assistant Professor..."
7.As far as the appointment of the fourth respondent is concerned, it is stated by the respondents that the fourth respondent belongs to SC-General Category, therefore, due to the non-availability of SC-A candidate, the fourth respondent was appointed. But the respondents 1 to 3 have not stated whether the fourth respondent had applied for the post pursuant to the recruitment notification or not, which is the allegation raised in the writ petition.
8.Further, it is contended that the fourth respondent was appointed on extraneous consideration.
9.If at all the writ petitioner is having any document or proof to establish any such favouritism, nepotism or corrupt activities, then he is at liberty to submit a detailed representation setting out the entire facts in clear terms and enclose all the relevant documents proof or otherwise and send it to the first respondent for consideration and on receipt of any such complaint from the petitioner, the first respondent is directed to consider the same and conduct enquiry by following the procedures contemplated.
10.As far as the relief sought for in the present writ petition is concerned, the writ petitioner cannot be issued with an order of selection or appointment in this writ petition and the case of the writ petitioner is to be considered, if any fresh recruitment notification is issued in this regard.
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11.With these observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) sji Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Chancellor, Bharathidasan University, Raj Bhavan, Guindy, Chennai-600 025.
2.The Vice-Chancellor, Bharathidasan University, Palkalaiperur, Trichirapalli-620 024.
3.The Registrar, Bharathidasan University, Trichirapalli-620 024.
and M.P.(MD).No.2 of 2013 06.10.2020 NR (16/10/2020) 4P : 4C 4/4