Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.HARIPARANTHAMAN, J.
D.Gayathri and Ors. – Petitioner
Vs.
The State of Tamil Nadu Rep. by its Principal Secretary to Government and Ors. – Respondent
W.P.No.35127 to 35129 of 2014, 885 of 2015, 1177, 1525, 1526, 2118, 2586 and 7082 of 2015 and M.P.Nos.2, 2, 3 and 3 of 2014, and 1 to 1 of 2015 in W.P.No.35127 to 35129 of 2014, M.P.Nos.1 to 4 of 2015 in W.P.No.885 of 2015, M.P.Nos.2 and 3 of 2015 in W.P.No.1177 of 2015, M.P.Nos.2, 2, 3, 3, 4 and 4 of 2015 in W.P.No.1525 and 1526 of 2015, M.P.Nos.2 to 4 of 2015 in W.P.No.2118 of 2015, M.P.Nos.1 to 4 of 2015 in W.P.No.2586 of 2015 AND M.P.Nos.1 to 3 of 2015 in W.P.No.7082 of 2015
Decided On : 14.10.2015
The petitioners were appointed as Lecturers in various subjects in the Periyar University College of Arts and Science at Metturdam, a constituent college, established by the Periyar University. The University issued a notification calling for applications to fill up 21 posts of Lecturers, sanctioned by the Syndicate in the meeting held on 11.07.2008, though the petitioners herein are appointed in those posts. Hence, the petitioners have filed these writ petitions seeking to quash the impugned notification and to issue a direction to the second respondent to regularise their service by granting them appropriate scale of pay applicable to their posts. The court held that the petitioners were appointed against sanctioned posts, they possessed the requisite qualification and they were selected by the duly constituted Selection Committee. Therefore, the University cannot seek to replace them by resorting to issuing the impugned notification for recruitment to those posts.
Fact of the Case:
The petitioners were appointed as Lecturers in various subjects in the Periyar University College of Arts and Science at Metturdam, a constituent college, established by the Periyar University. The University issued a notification calling for applications to fill up 21 posts of Lecturers, sanctioned by the Syndicate in the meeting held on 11.07.2008, though the petitioners herein are appointed in those posts. Hence, the petitioners have filed these writ petitions seeking to quash the impugned notification and to issue a direction to the second respondent to regularise their service by granting them appropriate scale of pay applicable to their posts.
Finding of the Court:
The court held that the petitioners were appointed against sanctioned posts, they possessed the requisite qualification and they were selected by the duly constituted Selection Committee. Therefore, the University cannot seek to replace them by resorting to issuing the impugned notification for recruitment to those posts.
Issues: Whether the petitioners were appointed against sanctioned posts or not ? Whether the petitioners possessed the prescribed qualification for the post or not ? Whether the petitioners were appointed by following the duly established selection procedure.
Ratio Decidendi: The court held that the petitioners were appointed against sanctioned posts, they possessed the requisite qualification and they were selected by the duly constituted Selection Committee. Therefore, the University cannot seek to replace them by resorting to issuing the impugned notification for recruitment to those posts.
Final Decision: The court allowed the writ petitions to the extent of quashing the impugned notification dated 09.12.2014 insofar the petitioners alone and issued a direction to the the respondents not to disturb the services of the petitioners and to regularise their service by granting the scale of pay, since they were appointed in the sanctioned posts, they possessed the requisite qualification prevailing at that time and they were selected by the duly constituted Selection Committee.
The petitioners are Lecturers in various subjects in the Periyar University College of Arts and Science at Metturdam, a constituent college, established by the Periyar University. Five of them were appointed on 17.11.2006 and ten were appointed on 30.07.2009 and one person was appointed on 03.08.2009.
2. The names of those persons, the details of the writ petition filed by them, subjects to which they were appointed, qualification they possess and the details of length of service put in by them upto the date of filing of the writ petitions are given in two separate columns hereunder for those five persons and eleven persons respectively :
3. The short facts, that are necessary for the disposal of these writ petitions, run thus :
Sl. No. Writ Petition No. Subject Date of Appointment Qualification
Total Service Upto WP
At the time of Appointment At Present
1 D.Gayathri 35127/2014 Computer Science 17.11.2006 M.C.A., M.Phil., M.C.A., M.Phil., 8 Years 1 Month
2 C.Vijayarani 35128/2014 Commerce 17.11.2006 M.Com., M.Phil., M.Com., M.Phil., Ph.D. 8 Years 1 Month
3 C.Madesh 35129/2015 Commerce 17.11.2006 M.Com., M.B.A., M.Phil., M.Com., M.B.A., M.Phil., Ph.D., 8 Years 1 Month
4 T.Chandra 2118/2015 Tamil 17.11.2006 M.A., M.Phil., M.A., M.Phil., 8 Years 2 Months
5 S.Sathya 885/2015 Commerce 20.11.2006 M.Com., B.Ed., M.Phil., Ph.D., SLET M.Com., B.Ed., M.Phil., Ph.D., SLET 8 Years 2 Months
Sl. No. Writ Petition No. Subject Date of Appointment Qualification
Total Service Upto WP
At - Appointment At Present
1 A.Venkatesan 1525/2015 Geology 30.07.2009 M.Sc., M.Phil., M.Sc., M.Phil., Ph.D., 5 Years 6 Months
2 T.Lakshmi Narayanan 1526/2015 Computer Science 30.07.2009 M.C.A., M.Phil., M.C.A., M.Phil., 5 Years 6 Months
3 M.Sasikumar 1177/2015 Commerce 30.07.2009 M.C.S., M.Com., M.Phil., M.C.S., M.Com., M.Phil., 5 Years 6 Months
4 V.Velvizhi 1177/2015 Economics 30.07.2009 M.A., M.Phil., M.A., M.Phil., 5 Years 6 Months
5 S.Anu 1177/2015 Computer
Science 30.07.2009 M.Sc., M.Phil., M.Sc., M.Phil., 5 Years 6 Months
6 S.Malarvizhi 1177/2015 Tamil 30.07.2009 M.A., M.Phil., M.A., M.Phil., 5 Years 6 Months
7 C.Gayathri 1177/2015 Commerce 30.07.2009 M.Com., M.Phil., M.Com., M.Phil., 5 Years 6 Months
8 N.Priyadarshini 1177/2015 English 30.07.2009 M.A., M.Phil., M.A., M.Phil., 5 Years 6 Months
9 G.Nandhakumar 1177/2015 Geology 30.07.2009 M.Sc., M.Phil., M.Sc., M.Phil., 5 Years 6 Months
10 R.Madeswari 7082/2015 Chemistry 30.07.2009 M.Sc., M.Phil., M.Sc., M.Phil., 5 Years 6 Months
11 R.Srinivasan 2586/2015 Physics 03.08.2009 M.Sc., M.Phil., M.Sc., M.Phil., 5 Years 6 Months
(i) The Periyar University (shortly “the University”) was established in the year 1997 vide the Tamil Nadu Periyar University Act, 1997 (shortly “the Act”). The University has jurisdiction over the Salem, Dharmapuri, Namakkal and Krishnagiri Districts.
(ii). The University established its first constituent college at Mettur dam during the academic year 2006-2007 vide G.O.Ms.No.308, Higher Education (G1) Department, dated 15.09.2006.
(iii). The Government in the G.O.Ms.No.308, Higher Education (G1) Department, dated 15.09.2006, permitted the college to offer three courses, namely, Bachelor of Corporate Secretaryship (B.C.S.), Bachelor of Commerce (B.Com.) and Bachelor of Business Management (B.B.M.) and sanctioned one post of Principal and six posts of Lecturers, besides sanctioning other posts.
(iv). Based on the said G.O.Ms.No.308, Higher Education Department, dated 15.09.2006, the University issued a paper publication dated 14.10.2006 inviting applications for the faculty positions in five subjects, namely, Tamil, English, Commerce, Computer Science and Economics, on consolidated pay, as per Government norms. The last date for receipt of the applications for faculty position was fixed as 17.10.2006. The notification prescribed the qualification as hereunder :
“Interest candidates with Ph.D./M.Phil/PG Degree (with 55% marks) in the concerned discipline can apply with Bio-Data to the Principal,
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
