V.Stalin Vargheese, v. The Director Of Collegiate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Stalin Vargheese ... Petitioner -vs1.The Director of Collegiate Education D.P.I.Campus, College Road Chennai 2.The Joint Director of Collegiate Education Tirunelveli Region Tirunelveli District 3.The Principal St.Judge's College Thootur, Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records the first respondent in Na.Ka.No.46128/F2/2016, dated 22.06.2016 and quash the same and further direct the respondents 1 & 2 to approve petitioner's appointment as Part Time Lecturer (Advocate) from 03.02.2010 in the existing vacancy in the third

respondent's College with all monetary benefits. within the time frame to be fixed by this Court.

For Petitioner :

Mr.S.Mandhiralingeswaran For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 & R2

O R D E R

The petitioner has challenged the impugned order, dated 22.06.2016, passed by the first respondent, wherein the third respondent's proposal seeking for approval of the petitioner's appointment as Part Time Lecturer (Advocate) from 03.02.2010 has been rejected, on the ground that the petitioner has not satisfied the U.G.C.Guidelines and G.O.Ms.No.350, Finance Department, dated 30.09.2009.

2. The petitioner has challenged in the impugned order, on the ground that in respect of three other Colleges, the proposal submitted by the said three other Colleges for the very same post as that of the petitioner was approved and therefore, the petitioner's case ought to have been accepted and approval is to be granted to his appointment.

3. However, as seen from the counter affidavit filed by the respondents 1 and 2 before this Court and fairly accepted by the learned counsel for the petitioner, it is clear that the petitioner has not satisfied the U.G.C.Guidelines and G.O.(Ms) No.350, Finance Department, dated 30.09.2009, which provides for certain eligibility criteria, including the qualification that the candidate must possess 55 marks in the Post Graduate Course with NET / SLET, which admittedly the petitioner has not satisfied. There are other U.G.C.Guidelines as well, which have not been fulfilled by the petitioner. When the petitioner has not satisfied the eligibility criteria for being appointed as Part Time Lecturer (Advocate), the question of granting approval for his appointment does not arise.

4. For the foregoing reasons, there is no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs. 27.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Director of Collegiate Education, D.P.I.Campus, College Road, Chennai.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli District.

ABDUL QUDDHOSE, J.

krk 27.08.2024