A.Selvaraj, v. All India Council For -
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD)Nos.2,2,3 and 3 of 2013 1.A.Selvaraj 2.V.Arnold John 3.A.Subasri ... Petitioners in both petitions -Vs1.All India Council for Technical Education (AICTE), Represented by its Director, 4th Floor Eastern Tower, Bhisham Pitmah Marg, Pargati Vihar, Lodhi Road, New Delhi-110 003.
2.Anna University, Represented by its Registrar, Guindy, Chennai-600 025.
3.Anna University, Regional Centre, Represented by its Regional Director, Tiruchirapalli, Tiruchirapalli-620 024.
4.University College of Engineering, Ariyalur, Represented by its Dean, Kathankudi Kadu, Thellur Post, Ariyalur District, Ariyalur-621 704.
5.University College of Engineering, Pattukottai, (Constituent College of Anna University Chennai), Raja Madam, Pattukottai Taluk, Thanjavur District.
1/5
6.University College of Engineering, Thirukuvalai, Thirukuvalai, Nagapattinam District.
...Respondents in both petitions
Prayer in W.P.(MD)No.12122 of 2013: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring that B.E. (Electrical and Electronics Engineering) and M.Tech (Remote Sensing) and B.E. (Electronics and Communications Engineering) and M.E. (Computer Science and Engineering) are eligible qualifications for the post of Assistant professor and consequently direct the respondents 2 to 6 to consider the petitioners who possess B.E. (Electrical and Electronics Engineering) and M.Tech (Remote Sensing) and B.E (Electronics and Communications Engineering and M.E. (Computer Science and Engineering) degree respectively to the post of Assistant professor in any of the constituent college or affiliated colleges under the 2nd respondent as and when applications are called for the said post.
Prayer in W.P.(MD)No.12123 of 2013: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring that the eligibility norms in the letter dated AUC/RCT/VF/2013, dated 14.05.2013 issued by the 3rd respondent as ultravires the clarification dated 10.09.2003 issued by the 1st respondent and clause 7 of the Additional Information on Faculty Eligibility under the brochure dated 04.06.2013 issued by the Centre For Affiliation of Institutions, Anna University Chennai2/5
600 025 and consequently direct the respondents 3 to 6 to appoint the petitioners who possess B.E (Electrical and Electronics Engineering) and M.Tech (Remote Sensing) and B.E (Electronics and Communications Engineering and M.E (Computer Science and Engineering) respectively to the post of Visiting Faculty. For Petitioners : Mr.S.Karthick (in both W.Ps.) For M/s.Profexs Associates.
For Respondents : No Appearance (in both W.Ps.) COMMON ORDER The relief sought for in the present Writ Petitions is to declare that B.E. (Electrical and Electronics Engineering) and M.Tech (Remote Sensing) and B.E. (Electronics and Communications Engineering) and M.E. (Computer Science and Engineering) degree are eligible for the post of Assistant Professor and consequently, to direct the respondents 2 to 6 to consider the writ petitioners, who possesses B.E. (Electrical and Electronics Engineering) and M.Tech (Remote Sensing) and B.E (Electronics and Communications Engineering and M.E. (Computer Science and Engineering) degree to the post of Assistant Professor in any of the constituent colleges and affiliated colleges under the second respondent. 2.
All appointments to the post of Assistant Professor ought to be done strictly in accordance with rules in force. The post of Assistant Professor is to be filled up by following the procedures contemplated and through open competitive process. All eligible candidates, who are all aspiring to secure a job in public employment, must be provided with an equal opportunity, which is the Constitutional mandate. Thus, the authorities competent while undertaking process of selection should ensure that the qualification prescribed by the University Grants Commission and All India Council of Technical Education is to be followed scrupulously. The authorities competent are bound to follow the guidelines issued by the UGC and AICTE in this regard, while selecting the candidates for appointment to the post of Assistant Professor. 3.
If at all the qualification of B.E. (Electrical and Electronics Engineering) and M.Tech (Remote Sensing) and B.E. (Electronics and Communications Engineering) and M.E. (Computer Science and Engineering) are equivalent for the purpose of appointment as per the rules in force, the writ petitioners are at liberty to participate in the process of selection. 4.
petitioners were permitted to conduct class as Visiting Faculty and such position would not confer any right to claim permanent appointment to the post of Assistant Professor. Undoubtedly, mere conducting class as Visiting Faculty in a College or University would not confer any right on the candidates. All candidates even after serving as Visiting Faculty should undergo process of selection and secure the appointment through open competitive process and not through the experience as Visiting Faculty. 5.This being the legal principles to be followed, the writ petitioners have to participate in the process of selection, if any recruitment notifications are issued. This Court wishes the writ petitioners to get employment on merits.
6.With these observations, these Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Sji TO 1.All India Council for Technical Education (AICTE), Represented by its Director, 4th Floor Eastern Tower, Bhisham Pitmah Marg, Pargati Vihar, Lodhi Road, New Delhi-110 003.
2.Anna University, Represented by its Registrar, Guindy, Chennai-600 025.
3.Anna University, Regional Centre, Represented by its Regional Director, Tiruchirapalli, Tiruchirapalli-620 024.
4.University College of Engineering, Ariyalur, Represented by its Dean, Kathankudi Kadu, 4/5
Thellur Post, Ariyalur District, Ariyalur-621 704.
5.University College of Engineering, Pattukottai, (Constituent College of Anna University Chennai), Raja Madam, Pattukottai Taluk, Thanjavur District.
6.University College of Engineering, Thirukuvalai, Thirukuvalai, Nagapattinam District.
+1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-81114[F] dated 09/08/2019 ) +1 CC to M/s.S. KARTHICK, Advocate ( SR-81417[F] dated 13/08/2019 ) 08.08.2019 KK/SAR/28.08.2019/5P-9C/ 5/5