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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
T. Asenath Benitta – Appellant
Versus
Director of Collegiate Education, Chennai – Respondent
JUDGMENT :
G. JAYACHANDRAN, R. POORNIMA, JJ.
The appellant herein aggrieved by the dismissal of her writ petition W.P(MD)No.12839 of 2014 on 01.08.2022, by a learned Single Judge is before the Bench.
2. The Appellant herein, in her writ petition, sought for issuance of a Writ of Mandamus directing the Director of Collegiate Education to grant qualification approval for her appointment as lecturer (in other words ‘Assistant Professor’) in the Physics in the 4th respondent/Nesamony Memorial Christian College, Marthandam, Kanyakumari District, an institution run by religious minority called Kanyakumari Diocese, CSI.
3. According to the appellant, she joined the 4th respondent College as Assistant Professor (Physics) on 03.09.2009. At the time of her appointment, she was holding M.Sc., M.Phil., degree in Physics. On the date of her appointment, she was fully qualified to hold the post of Assistant Professor. Her appointment was on the score of the retirement of the Assistant Professor, who was working in the sanctioned post. However, in the year 2014 after lifting the ban on recruitment, out of three Assistant Professors, appointed on 03.04.2009 for other two Assistant Professors, the Gove
The court upheld that the amended UGC regulations apply to appointments made after the lifting of the recruitment ban, confirming the appellant's ineligibility for the Assistant Professor position.
The central legal point established in the judgment is the requirement of Ph.D., NET, or SLET for appointment as a Lecturer in Physics as per the UGC regulations.
The main legal point established in the judgment is that the government is not obligated to pay the salary of an individual appointed in a non-sanctioned post from the government grant.
Previous court rulings on the applicability of qualifications for teaching posts affirm that petitioner's appointment must be approved despite objections.
Judgment affirms the necessity of due process in employment, emphasizing that failure to provide a hearing before termination violates natural justice. UGC regulations' retrospective application prot....
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