P. Valarmathi v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15101 of 2015 and M.P(MD)No.1 of 2015 P.Valarmathi ... Petitioner Vs.

1.The Registrar, Mother Tresa Women's University, Kodaikanal, Dindigul District.

2.Arulmigu Palaniandavar Arts College for Women, Rep. By Its Secretary, Chinnakalayamputhur, Palani, Dindigul District.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to employ the petitioner as Guest Lecturer until regular appointment is made.

For Petitioner : Mr.S.R.Suresh Kumar

O R D E R

This writ petition has been filed by P.Valarmathi, who is working in Arulmigu Palaniandavar Arts College for Women, the second respondent herein from 10.03.2008, seeking a writ of Mandamus directing the second respondent to employ the petitioner as a Guest Lecturer until regular appointment is made. 2.In support of the prayer, the learned counsel for the petitioner also placed an order passed by this Court in W.P.No.12253 of 2009, dated 26.08.2010.

3.The petitioner has acquired M.A.History and has also obtained M.Phil., degree in History. Apart from the above qualifications, he is presently undergoing Ph.D, in addition thereto, she is also having PGDCA. Considering these qualification, the petitioner was appointed temporarily from 10.03.2008 in the second respondent college, but the grievance of the petitioner is that although, she has given 100% results in her https://hcservices.ecourts.gov.in/hcservices/

classes, the respondents have not issued any permanent appointment order, that apart, the second respondent is also denying employment without any reason from 14.08.2015. 4.Adding further, the learned counsel for the petitioner submitted that the Guest Lecturer cannot be replaced by another guest lecturer, even if there is any proposal it has to be considered as illegal, on this basis, he prayed for issuance of a writ of mandamus, directing the second respondent to employ the petitioner as Guest Lecturer until regular appointment is made. 5.This Court is really at a loss to understand how the petitioner has come to this Court, when she has no locus standi to seek a writ of mandamus against the second respondent in which she has been working as a Guest Lecturer to make her a permanent Guest Lecturer until regular appointment is made. First of all, the petitioner is not eligible to be appointed on permanent basis, therefore, she cannot seek a writ.

6.The affidavit filed by the petitioner also shows that she has neither possessed NET nor acquired Ph.D qualification, only therefore, she has been employed as a Guest Lecturer, further, if the prayer made by the petitioner is granted, the eligible candidates, who is going to be considered to the said posts will be denied employment, hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar Am To, 1.The Registrar, Mother Tresa Women's University, Kodaikanal, Dindigul District.

2.The Secretary, Arulmigu Palaniandavar Arts College for Women, Chinnakalayamputhur, Palani, Dindigul District.

+1CC to Mr.S.R.Suresh Kumar Advocate Sr.No.48353 GJM/SKS/RR/9.10.15-2P-4C W.P.(MD)No.15101 of 2015 21.08.2015 https://hcservices.ecourts.gov.in/hcservices/