The main legal point established in the judgment is the unjust disapproval of the petitioner's appointment by the University Grants Commission based on qualification norms and the subsequent direction for approval by the first respondent.

The petitioner is an MBBS Degree holder. He was appointed as Doctor-cum-Lecturer in Physical Education Department of the sixth respondent college. The appointment was made subject to the approval of the University and the Deputy Director of Collegiate Education. Only after due advertisement was made in The Hindu daily, he was appointed as Doctor-cum-Lecturer in the said college. The Government of Tamil Nadu agreed to take over the course and bear all the recurring expenditure after five years. The second respondent University Grants Commission refused to approve the appointment of the petitioner on the ground that he did not fulfil the qualification for the post of Lecturer. The second respondent subsequently informed the sixth respondent college that the petitioner might be requested to contact the State Government as the second respondent had not prescribed qualification for the post of Doctor-cum-Lecturer. As the second respondent refused to approve the appointment of the petitioner, the first respondent also washed off its hands saying that his appointment could not be approved and consequently, no grant can be sanctioned by the Government. The aforesaid proceedings of the first respondent is under challenge before this court.

2. Respondents 1, 3 and 4 filed their counter admitting the position that the University Grants Commission originally undertook to meet out the recurring expenditure of the Physical Education, Health Education and Sports courses for five years. The first respondent undertook to take over the recurring expenditure as and when University Grants Commissions assistance came to an end. As the University Grants Commission, which controls all the Universities including the Manonmaniam Sundaranar University, has declared that the petitioner was unqualified to hold the post of Lecturer in Physical Education, Health Education and Sports, the qualification approval orders issued by Manonmaniam Sundaranar University became invalid. The Government of Tamil Nadu has also not admitted the petitioner as approved staff for the release of Government grant for the academic year 1995-1996. The first respondent need not necessarily accept the report submitted by the inspection commission. Inasmuch as the University Grants Commission has not accepted the qualification of the petitioner, no grant was released by the University Grants Commission for the first five years and therefore, the first respondent also could not approve his appointment for the purpose of sanctioning grants to meet the recurring expenditure for the appointment of the petitioner. In view of the above, respondents 1, 3 and 4 pray for dismissal of the writ petition.

3. The fifth respondent Manonmaniam Sundaranar University filed counter stating that the petitioner failed to understand the difference between the post of Medical Officer and the post of Lecturer in Physical Education. As per the University Grants Commission norms, a person appointed to any Teaching Post should possess post graduate degree in the respective discipline. A medical person with a Post Graduate qualification in Physical Education with 55% of marks can be appointed as a Lecturer in a college. The decision of the University Grants Commission in respect of qualification is the last word as pointed out by the Supreme Court. The sixth respondent college had taken risk in employing the petitioner even after the end of academic year 1990-91 inspite of the fact that the University Grants Commission has, by its proceedings dated 23.11.1991, communicated its disapproval of the petitioner for the post of Lecturer in Physical Education and Anatomy. Therefore, the fifth respondent prayed for dismissal of the writ petition.

4. Learned counsel appearing for the petitioner would submit that the sixth respondent was pleased to advertise for the post of Doctor-cum-Lecturer and appointed the petitioner as Doctor-cum-Lecturer only after the Government approved the Physical Education Cour