ORDER

1. The case of the petitioner as per the averments in the affidavit filed along with the writ petition:

(i) The 1st respondent issued notification dated 09.08.2007 calling for applications for Guest Lecturers in their University College for the academic year 2007-2008. The petitioner submitted application for the post of Guest Lecturer in the Department of Computer Science. The 2nd respondent sent a call letter dated 06.09.2007 directing the petitioner to appear for an interview before the Selection Committee on 14.09.2007 at 10 a.m. in the Department of Mathematics of the University. The petitioner fared well in the interview and he was appointed as Guest Lecturer vide proceedings of the 2nd respondent dated 16.09.2007. Since then, he has been working as Guest Lecturer for a consolidated payment continuously with an artificial break of three days once in three months and continued his work as Guest Lecturer till date.

(ii) In the year 2009, in the recruitment process for permanent

Assistant Professor in the 1st respondent University in the Computer Science

Department. Though the petitioner submitted application, but he has not been called for for interview. Subsequently, he was transferred from Orthanadu College to Bharathidasan University Model College at Aranthangi on 24.01.2019. When he approached the 2nd respondent and enquired about his transfer, the 2nd respondent had informed that since the Model College is a newly started one, the services of experienced and skilled lecturers, like the petitioner, are required and due to that reason, the petitioner was transferred. Thereafter, he was transferred to Orathanadu by order dated 09.09.2010. But, he was again transferred from Orathanadu to Aranthangi Model College by order dated 04.10.2010. Again he was transferred from Aranthangi to Orathanadu by order of the 2nd respondent dated 03.05.2012. Again he was transferred from Orathanadu to Aranthangi by virtue of transfer order dated 01.11.2012 and now, he is working at

Aranthangi.

(iii) The petitioner also completed and acquired National

Educational Testing Bureau Certificate as required by the new norms of the University Grants Commission in the year 2012. As the petitioner rendered his heartful and dedicated services with utmost satisfaction of concerned authorities for all these years and he possessed all requisite qualifications, he made representation to the 1st respondent on 02.05.2013 requesting to appoint him in a regular post of Assistant Professor on permanent basis. Though the 1st respondent received the same, he did not choose to consider the same. Against the inaction on the part of Respondents No.1 and 2, in considering the petitioner for the post of Assistant Professor, despite all eligibilities, experience, testimonial certificates and seniority, as there is no other alternative, the petitioner filed the present writ petition.

2. The petitioner filed an additional affidavit. Averments in the additional affidavit:

(i) In the year 2003, the 1st respondent-University started its

University sponsored programme at H.H. Rajah's College, Pudukkottai and the petitioner was appointed as a Guest Lecturer by following the selection procedure and he served from 6th June 2003 and later, the 4th respondent itself undertook the University sponsored programmes as Government programmes in which the petitioner continued to serve till 19.09.2007.

Apart, he served as a Guest Lecturer in M.R. Government Arts College, Mannargudi from 01.08.2000 to 16.04.2002, over all he served as a Guest

Lecturer for more than 23 years since 2000.

(ii) The 1st respondent reviewed the performance of the petitioner and found satisfactory. He was recognised and appreciated in various academic responsibilities, which includes Head in-charge of Computer Science Department for the past 15 years, as an Examiner to evaluate University theory and practical examinations, as a Member of Council Centre, as an Additional Chief Superintendent in University examinatio