Madras High CourtWP(MD)/16282/2017disposed of

Dr.P.Muthusamy, S/O.A.Poniayan v. The Gandhigram Rural Institute

2021-03-24Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.12937 of 2017 Dr.P.Muthusamy ... Petitioner Vs.

1.The Gandhigram Rural Institute - Deemed University Gandhigram, Dindigul-624 302, Rep by its Vice Chancellor.

2.The Gandhigram Rural Institute - Deemed University Gandhigram, Dindigul-624 302, Rep by its Registrar.

3.The Selection Committee for the Post of Assistant Professor in Physical Sciences-Chemistry Rep by its Secretary, Gandhigram Rural Institute - Deemed University Gandhigram, Dindigul-624 302.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to convene a properly constituted Selection Committee as per the byelaws of the respondent university by nominating Subject Experts in Physical Sciences-Chemistry for filling up the post of Assistant Professor in Physical Sciences-Chemistry (Scheduled Caste) and thereafter conduct the selection for the said post in accordance with the bye laws.

For Petitioner : Mr.V.Vijayshankar For Respondents : Mrs.S.Srimathi Special Government Pleader

O R D E R

This Writ Petition is filed for a direction to the respondents to convene a properly constituted Selection Committee, as per the bye-laws of the respondent University by nominating Subject Experts in Physical Sciences-Chemistry for filling up the post of Assistant Professor in Physical Sciences-Chemistry (Scheduled Caste) and thereafter, conduct the selection for the said post in accordance with the bye laws.

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2.The case of the petitioner is that he has completed M.Sc., (Chemistry) and M.Ed., and now he is doing Post Doctoral Fellow (PDF) in Alagappa University, Karaikudi. Whileso, an advertisement was issued by the respondent University in May 2017 for filling up several posts of teaching faculty in the grade of Professor, Associate Professor and Assistant Professor, wherein, one post of Assistant Professor in Physical Sciences-Chemistry was advertised, which was reserved for Scheduled Caste(SC). The required qualifications, as per UGC Regularizations 2010, are that one must be a Post Graduate Degree Holder, in the relevant discipline with 55% of marks along with M.Ed., and must have been awarded Ph.D., or pass in NET conducted by the UGC. The petitioner satisfied with the above qualification and sent his application through online on 19.06.

2017. However, the petitioner did not receive any call letter for interview. Thereafter, the petitioner has made a representation to the respondents on 02.08.2017 and thereafter, the respondent University sent a mail to the petitioner to attend the interview on 12.08.2017. Pursuant to which, the petitioner attended the interview on 12.08.2017 and found that the Selection Committee consisted of about ten persons and they were not subject experts. Hence, the petitioner has made a representation dated 16.08.2017 to the respondent to constitute the Selection committee as per the bye-laws and UGC Regulations. So far no action has been taken. Hence, the present writ petition is filed.

3.The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the respondents to reconstitute the Selection Committee, as per Bye-laws and UGC Regulations, by considering the petitioner's representation dated 16.08.2017 within the reasonable time as fixed by this Court. 4.The learned Special Government Pleader appearing for the respondents has no serious objection for considering the petitioner's representation.

5.Considering the facts and circumstances of the case, this Court directs the second respondent to consider the petitioner's representation, dated 16.08.2017, in the light of Rule XII sub clause(2) of the Rules of Gandhigram Rural University and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) +1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-13658[F] dated 25/03/2021 ) +1 CC to M/s.S.SRIMATHY, Advocate ( SR-13752[F] dated 25/03/2021 ) and W.M.P(MD)No.12937 of 2017 24.03.2021 GS(21.04.2021) 3P 3C 3/3