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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SRIMATHY, J.
Dr. D. Vetrichelvan - Appellant
Versus
Tamil University, Represented by its Registrar, Thanjavur & Others - Respondent
W.P.(MD). No. 12532 of 2017
Decided On : 17-06-2022
Appointment - Associate Professor - Tamil University Act, 1982 - UGC Regulations - [Tamil Studies in Foreign Countries] - [Tamil University Act, 1982, UGC Regulations] - The court discussed the appointment of an Associate Professor in the Department of Tamil Studies in Foreign Countries and the qualifications required for the post as per the Tamil University Act, 1982 and UGC Regulations. The court concluded that the appointed candidate possessed the requisite educational qualification and there was no violation of statutory rules in the appointment process.
Fact of the Case:
The petitioner filed a Writ Petition challenging the appointment of the third respondent as Associate Professor in the Department of Tamil Studies in Foreign Countries, claiming that the third respondent did not possess the minimum/essential qualification for the post and was less meritorious than the petitioner. The petitioner sought a declaration to appoint the petitioner as Associate Professor instead.
Finding of the Court:
The court found that the third respondent possessed the requisite educational qualification for the post of Associate Professor as per the Tamil University Act, 1982 and UGC Regulations. The court also noted that the Selection Committee had considered the qualifications and contributions of both the petitioner and the third respondent and had appointed the third respondent based on merit. The court dismissed the Writ Petition, stating that there was no violation of statutory rules in the appointment process.
Issues: The issues involved in the case were the eligibility and merit of the appointed Associate Professor, the compliance with the qualifications prescribed by the Tamil University Act, 1982 and UGC Regulations, and the alleged lack of essential qualifications and merit in the appointed candidate.
Ratio Decidendi: The court's decision was based on the finding that the appointed candidate possessed the requisite educational qualification and there was no violation of statutory rules in the appointment process. The court also emphasized that the Selection Committee had considered the qualifications and contributions of both candidates and had appointed the third respondent based on merit.
Final Decision: The Writ Petition was dismissed by the court, and no costs were awarded.
JUDGMENT
(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring that the action of the respondents 1 and 2 in selecting and appointing the third respondent as Associate Professor in the Department of Tamil Studies in Foreign Countries, when he is not possessing the minimum/essential qualification for appointment to the said post and also when he is less meritorious than the petitioner in all respect as illegal, arbitrary and unconstitutional and consequently direct the respondents 1 and 2 to select and appoint the petitioner as Associate Professor in the Department of Tamil Studies in Foreign Countries with effect from 05.06.2017, the date on which the third respondent joined duty as Associate Professor with all consequential benefits, award costs and thus render justice.)
1. This Writ Petition is filed for a Writ of Declaration to declare the action of the respondents 1 and 2 in selecting and appointing the third respondent as Associate Professor in the Department of Tamil Studies in Foreign Countries, when he is not possessing the minimum/essential qualification for appointment to the said post and also when he is less meritorious than the petitioner in all respects, as illegal and consequently to direct the respondents 1 and 2 to select and appoint the petitioner as Associate Professor in the Department of Tamil Studies in Foreign Countries with effect from 05.06.2017, the date on which the third respondent joined duty as Associate Professor.
2. The brief facts of the case are that the first respondent University, namely, the Tamil University, was created by the Tamil University Act, 1982 with effect from 15.09.1981 with an exclusive object of furthering the advancement of learning and researching in Tamil and is being administered in terms of the provisions of the above Act and the statutes of the Tamil University. It has got 5 faculties and 25 departments including the Department of Education and Management. The Department of Tamil Studies in Foreign Countries is functioning under the faculty of developing Tamil. All the departments except the Department of Education and Management are getting financial aid and grant from the Government of Tamil Nadu and UGC. The Department of Education and Management was created and being run by the first respondent University on self-finance basis and no grant or aid was received either from the Government of Tamil Nadu or from UGC. The total number of posts sanctioned and approved by the Government of Tamil Nadu and UGC for all the departments other than the Department of Education and Management is as follows:
(i) Number of posts sanctioned and approved in the cadre of Professor is 30.
(ii) Number of posts sanctioned and approved in the cadre of Associate Professor is 48.
(iii) Number of posts sanctioned and approved in the cadre of Assistant Professor is 11.
Thus, 89 posts were sanctioned for the departments which are getting grant-in-aid from the Government of Tamil Nadu and UGC as per the report of Dr.V.C.Kuzhandhaisamy Committee.
3. The petitioner is a qualified Post Graduate in M.A. (Tamil) under 10+2+3+2 pattern. After passing the PG degree, the petitioner passed B.Ed. in 1997 and has also passed the State Level Eligibility Test which was conducted in the year 1998. The petitioner completed his Ph.D. degree course in the Department of Tamil Studies in Foreign Countries of the first respondent University. The first respondent University awarded Ph.D. Degree on 03.03.2006 for the petitioner's research work with a title called 'Tamil Kavidhai Valarchikku Pugalida Kavidhaigalin Pangalippu', that is called the research work on the topic of 'The Contribution of Exile Poems to the Development of Tamil Poetry' and it was certified that the petitioner has passed the said degree in the year 2005. The petitioner, after completing the UG degree in Tamil in the year 1993 and PG degree in M.A. Tamil in
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