Point of Law: Petitioner having been appointed under Section 7(5) of the Act, only the Government will have powers to determine such appointment, transfer and the norms thereof.

JUDGMENT :

1. The petitioner herein is presently working as a Section Officer at the APJ Abdul Kalam Technological University (APJ AKTU). It was while working as a Section Officer in the MG University, that the petitioner had responded to a call by the Government to exercise her option and join the new Technological University being set up as per the APJ Abdul Kalam Technological University Act, 2015 (Act 17 of 2015). She was appointed on 27.7.2017. Her grievance is that though she has served the APJ AKTU for more than five years, she still remains as a Section Officer, while her juniors, who had chosen to remain at the MG University, either for the reason that they were found not suitable or for non-exercise of option, have been promoted to higher posts. This serious injustice has happened due to the failure of the respondents to notify the Statute, the Ordinance and the University Service immediately after the setting up of the APJ AKTU. She asserts that after the delayed notification of the Statute on 5.8.2020, fresh options are being invited from employees of other Universities. The petitioner states that if such an event happens, her juniors would be appointed to the higher posts while the petitioner stagnates in the post of Section Officer as originally appointed. Highlighting this irregularity and the serious injustice meted out to the petitioner, she has approached this Court seeking to declare that the provisions of the Statute notified on 5.8.2020 as ultra vires the provisions of Act 17 of 2015 and also for incidental reliefs.

2. The contentions of the petitioner as detailed in the petition are as under:

2.1 The petitioner was initially appointed as University Assistant Grade-II on 29.6.1992 in the M.G.University. While she was continuing in the post of Section Officer (HG) in the M.G.University, the AJP AKTU was formed in terms of Act 17 of 2015. An academic campus with a minimum of five departments was required for securing University Status from the UGC. Based on the proposal received from the Vice-Chancellor of the University, the Government by Ext.P1 order dated 1.1.2016 granted sanction for creating various teaching and non-teaching posts in the University campus and its headquarters.

2.2 Later, by Ext.P2 order, sanction was accorded to the Registrar, APJ AKTU to invite option from the employees of the Universities mentioned in the schedule of Act 17 of 2015 for appointment to the post of Joint Registrar, Deputy Registrar, Assistant Registrar, Section Officer, Assistants and Clerical Assistants. It was mentioned in Ext.P2 that for the vacancies arising in future and at the time of the creation of new posts, appointments shall be made by option from the existing list. It was also mentioned that once an option is exercised, the same shall be final.

2.3 On the basis of Exts.P1 and P2, the 3rd respondent issued Ext.P3 Circular inviting options from the employees of the Universities mentioned in the schedule of the Act.

2.4 The petitioner and several others, who were working in the Universities scheduled in the Act, submitted their option to the post of Section Officer to the Registrar, M.G.University. The Registrar, in turn, forwarded the list of employees to the Registrar, APJ AKTU.

2.5 The option exercised by the petitioner was accepted and she was appointed on regular basis as per Ext.P6 order. It was mentioned in Ext.P6 that the appointment of the petitioner is on regular basis and that she has to report for duty before the Registrar, APJ AKTU, after clearing all the liabilities from the parent University. It was also ordered that the service book/details of service, Provident Fund, Leave salary and other mandatory deductions/ contributions have to be forwarded to APJ AKTU as per the Rules.

2.6 In terms of Ext.P6, the petitioner joined duty as Section Officer in the APJ AKTU on 27.7.2017.

2.7 While calling for options, the APJ AKTU imposed a criterion that employees of scheduled Universities, who were not left with at l