IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, J.
N.Mani - Appellant
Versus
The Registrar, Pondicherry University - Respondent
W.P.No. 3355 of 2024 And W.M.P.Nos. 3612 & 3613 of 2024
Decided on : 02-06-2025
| Table of Content |
|---|
| 1. petitioner's qualifications and application details. - What are the qualifications and background of the petitioner? (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding eligibility and selection process. - What were the arguments presented by the petitioner and respondents? (Para 11 , 12 , 13) |
| 3. court's observations on the selection process. - What observations did the court make regarding the selection process? (Para 14 , 15) |
| 4. key arguments from the petitioner's counsel. - What were the key arguments made by the petitioner's counsel? (Para 16 , 17 , 18) |
| 5. court's analysis of arguments. - How did the court analyze the arguments presented? (Para 19 , 21 , 22) |
| 6. legal principles and precedents discussed. - What legal principles were applied in the court's decision? (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55) |
| 7. court's final decision and order. - What was the final decision of the court? (Para 56 , 57) |
ORDER :
C.V.KARTHIKEYAN, J.
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of the order of the first respondent dated 18.12.2023 and quash the same and direct the first respondent to appoint the petitioner to the post of Professor, Centre for the Study of Social Exclusion and Inclusive Policy as per the Notification/Advertisement in Advt.No. PU/RC/2019/34, dated 05.08.2019. The petitioner claims that he is an eligible candidate and also seeks to give effect to the reservation policy.
2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner was serving as Associate Professor and Head of the Department of Economics at Erode Arts and Science College, a Government aided College at Erode. The first respondent had called for online applications on 05.08.2019 in advertisement No. PU/RC/2019/34 inviting applications from candidates, for the post of Professor under SC category in the Centre for Study of Social Exclusion and Inclusive Policy.
3. It had been contended specifically by the petitioner that since the inception of the said Centre in the year 2009, the post of Professor which had been reserved for SC category had not been filled up and the petitioner had raised a ground that such non filling up of the post had defeated the intention and purpose of the creation of the said Centre by the University. The said post has been treated as a backlog vacancy from the date of commencement of the Centre.
4. The petitioner had applied for the position of Professor in response to the advertisement. He was invited for the interview which was held on 21.11.2022. He was the only candidate, who attended the interview. The other candidate, who was also short listed did not attend the interview.
5. The petitioner claims that he had the requisite UGC prescribed qualifications. He had 32 years of teaching experience and was serving as Associate Professor and Head of Department while the UGC regulations stipulated just 10 years of teaching experience.
6. The petitioner had published 13 books on Economics, 7 books on Education and Economics in Tamil, 17 articles in Peer-Reviewed Journals and 7 book Chapters in Edited Books. He had also published more than 51 articles in Hindu Tamil and Minnambalam online daily. Most of the books and articles in English and Tamil related to Social Exclusion and Inclusive Policy. The petitioner had pointed out that the UGC regulations stipulated only a minimum of 10 articles or books.
7. The petitioner had acquired an API score of 397 while the UGC prescribed a minimum of 120.
8. The UGC guidelines required that the candidate must have guided atleast one Ph.D Research Scholar. The petitioner had guided 9 Ph.D Research Scholars and 12 M.Phil Research Scholars.
9. The petitioner had also listed out the additional qualifications acquired by him. He had conducted 3 major research projects and tw
B.C.Mylarappa Vs. Dr.Chikkamylarappa & Others
The University of Mysore Vs. C. D. Govinda Rao and another
Union of India and Others Vs. Bikash Kuanar
Sadananda Halo and Others Vs. Momtaz Ali Sheikh and others
Madanlal and Others Vs. State of J & K and Others
Madras Institute of Development Studies and another Vs. K.Sivasubramaniyan and Others
Chirag Bhanu Singh and Other Vs. High Court of Himachal Pradesh and Others
Food Corporation of India Vs. Kamdhenu Cattle Feed Industries
Judicial review applies when selection processes lack transparency; rejection must be justified, especially when only one candidate is eligible. Arbitrary outcomes violate equal opportunity principle....
A candidate participating in a selection process cannot challenge it based on eligibility criteria if he does not succeed in the outcome.
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
The court reaffirmed that participation in a selection process does not guarantee a right to appointment, emphasizing strict adherence to minimum qualifying marks as per applicable regulations and th....
The court upheld the appointment of Respondent No.4 as Professor, confirming compliance with UGC eligibility criteria and validating the selection process conducted by the university.
Employment and Service matter - Appointment as an Associate Professor in the School of Social Sciences of the Mahatma Gandhi University - Selection committee – Qualiification - Absence of post doctor....
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.