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2025 Supreme(Mad) 3160
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN, J.
G.Rajavarman, S/o.M.Govindan - Appellant
Versus
University of Madras - Respondent
W.P.No.7225 of 2015
Decided on : 17-03-2025
Advocate Appeared:
For Petitioner:Mr.G.Punniakotti For Respondents:
For the Respondent:Mr.A.S.Vijayaragavan, Mr.C.Jayaprakash Government Advocate, Mr.P.R.Gopinathan
The court upheld the appointment of the 4th Respondent as Assistant Professor, confirming compliance with UGC qualifications and dismissing the petitioner's challenge as meritless.
Headnote:(A) University Grants Commission Act, 1956 - Section 26 - UGC Regulations, 2010 - Appointment of Assistant Professor - Challenge to appointment based on alleged lack of qualifications - The petitioner contended that the 4th Respondent did not meet the qualifications as per the Recruitment Board Notification dated 15.12.2013. The 1st Respondent's Counter Affidavit established that the 4th Respondent possessed the requisite qualifications, including a Ph.D. and relevant teaching experience. The court found no merit in the petitioner's claims, affirming the qualifications of the 4th Respondent as compliant with UGC standards. (Paras 1-15)
(B) Writ Petition - Scope of judicial review - The court emphasized that it will not interfere with administrative decisions unless there is a clear violation of statutory provisions or qualifications. (Paras 15)
Facts of the case:
The petitioner challenged the appointment of the 4th Respondent as Assistant Professor, claiming non-compliance with the qualifications set forth in the Recruitment Notification. The 1st Respondent defended the appointment, asserting that the 4th Respondent met all necessary criteria.
Findings of Court:
The court concluded that the 4th Respondent satisfied all qualifications required under the UGC Act and Regulations, thus upholding the appointment.
Issues: The primary issue was whether the 4th Respondent met the qualifications for the Assistant Professor position as per the Recruitment Notification.
Ratio Decidendi: The court ruled that the qualifications of the 4th Respondent were in accordance with the UGC Act and Regulations, and the petitioner's challenge lacked merit.
Result: Writ Petition dismissed.
ORDER :
In this Writ Petition, the petitioner has challenged the appointment of the 4th Respondent as Assistant Professor at the Centre for Cyber Forensics and Information Security Discipline of University of Madras vide Appointment Order dated 15.02.2014 bearing Ref.No.D1/TE/Appt. of Asst.Prof./2014/R-14 of the 1st Respondent.
2. The case of the Petitioner is that the 1st Respondent has appointed the 4th Respondent who does not possesses the requisite qualification as per the Recruitment Board Notification dated 15.12.2013.
3. In the Affidavit filed in support of the present Writ Petition, the Petitioner has given a comparative statement of the qualifications possessed by the Petitioner vis-a-vis the 4th Respondent as under:-
| Sl. No. | Prescribed Qualification as per notification for appointment | Qualification possessed by the petitioner | Qualification possessed by the 4th respondent |
| (i) | A Master Degree with 55% marks in M.Sc., Cyber Forensic Science and Information Security or M.Sc., Forensic Science or M.C.A., or M.Sc., Information Technology or M.E., Computer Science and Engineering or M.E.Electronics and specialization in Network Security Cyber Crime or Cyber Forensics or Information Security. | M.E., Electronics and Communication System in Scored percentage of Marks CGPA 7.88% (First Class) | M.Sc., NET, Ph.D. |
| (ii) | In addition the International Certificate in Cyber Forensics and Information Security and related areas in preferable. | C.C.N.A. (Cisco Certified Network Associated) International Certificate Course passed in Related Area in Cyber Forensics and Information Security. | Not Possessed. -Nil- |
| (iii) | Candidates possessing 55% marks in M.E.Computer Science and Engineering or M.E., Electronics and Communication with specialization in Network Security or Cyber Crime or Cyber Forensics or Information Security and Candidates with International Certifications in Cyber Forensics and Information Security and related areas are exempted from qualifying NET Examination. | M.E.Electronics and Communication System in Scored Percentage of Marks CCPA 7.88% First Class NET Exempted. (Studied in fully Engineering Technology, NET not conducted by UGC) | M.Sc., NET, Ph.D. (Not fully Computer Technology Software and Hardware Networking) |
4. It is therefore submitted that instead of appointing the Petitioner, the 1st Respondent has appointed the 4th Respondent contrary to the norms under the aforesaid Recruitment Board Notification and therefore the Impugned Appointment Order 15.02.2014 bearing Ref.No.D1/TE/Appt. of Asst.Prof./2014/R-14 of the 4th Respondent is liable to be interfered with.
5. The 1st and 3rd Respondents have filed a detailed Counter Affidavit.
6. Paragraph 3 of the Counter Affidavit filed by the 1st Respondent in response to Paragraph 7 of the Affidavit filed in support of the present Writ Petition, indicates that the 4th Respondent is more qualified than the Petitioner.
7. Paragraph 3 of the Counter Affidavit filed by the 1st Respondent is reproduced below:-
“3. The averments contained in para 7 of the affidavit relating to the qualifications prescribed for the said post are not denied as they are matters of record. It is submitted that the 4th Respondent possessed the following Qualifications:
(a)First Class PG Degree – Master of Science in Forensic Science (1990).
(b)NET – Lecturership in Forensic Science 2007.
(c)Ph.D in Forensic Science & Criminology – Interdisciplinary – 2013.
(d)Post Graduate Diploma in Cyber and Information Security.
(e)Diploma in Computer Forensic Procedures, Methodology & Equipment Operation.
(f) Honours Diploma in Network – Centered Computing.
(g)8 years Teaching Experience in Post Graduate Level.
(h)Research Publication – National Level – 1.
(i) Research Publications – International Level – 2.
(j) Authored 1 Book.
(k)Awards/Prizes/Scholarships/Fellowship – 2.
(l) Participation in Seminars/Workshops/Conferences and presentation of Papers Presented – National 15 Papers presented and 1 participation.
(m) Participation in Seminars/Workshops/Confe
