Madras High Court
Dr.S.Peer Mohamed vs The Registrar on 2 September, 2010
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2010
CORAM:
THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.NO.11500 OF 2009 &
M.P.No.1 of 2009
Dr.S.Peer Mohamed ... Petitioner
Versus
1. The Registrar,
Tamil Nadu Veterinary and Animal
Sciences University,
(TANUVAS),
Madhavaram Milk Colony,
Chennai 600 051.
2. The Gandhi Gram Rural University,
Gandhi Gram,
Dindigul District 624 302.
Represented by its Registrar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus, calling for the report of the committee dated 07.05.2009 constituted by first respondent and order passed by the first respondent in proceeding No.26355/R.3/2008 dated 19.05.2009 and to quash the same and consequently direct the first respondent to treat the degree of Doctor of Philosophy acquired in the field of "Validation of fresh Herbs and Traditional Herbal Formulation for Wound Healing Management in Livestock" issued by the second respondent as recognised degree in Veterinary Surgery and grant career advancement and regular promotion to the post of Associate Professor with all attendant benefits.
(prayer amended as per the order dated 12.07.2010 in M.P.No.1 of 2010 in W.P.No.11500 of 2009)
For Petitioner : Mr.R.Syed Mustafa
For Respondent-1: Mr.V.Venkatesan
For Respondent-2: Mr.S.Gopalaratnam
O R D E R
The petitioner obtained degree in Master of Veterinary Science in Surgery from the first respondent - University in the year 1987. He joined as Assistant Professor in the Department of Veterinary Surgery on 01.05.1990 in the first respondent - University. In the year 1998, he was conferred with the senior scale in the post of Assistant Professor, on completion of 8 years of service. Thereafter, he was granted Selection Grade in the year 2002. He is the Head of the Department of Veterinary Surgery.
2. The petitioner sought permission to undergo full-time Ph.D., programme in the second respondent University. The first respondent passed an order dated 05.02.2004, granting permission to undergo Ph.D., (full-time basis) in the second respondent University.
3. The petitioner successfully completed the Ph.D., programme in the second respondent University in the year 2008. The second respondent University granted provisional certificate on 20.10.2008.
4. The first respondent University issued a circular dated 02.02.2009 calling for application from the eligible persons to apply for Career Advancement of Assistant Professor to Associate Professor. The petitioner applied for the same.
5. The first respondent University sent an interview card dated 11.05.2009, directing the petitioner to appear for the interview on 22.05.2009. Before appearing the interview, the first respondent University passed the impugned order dated 19.05.2009, refusing to grant the petitioner Career Advancement on the ground that the Ph.D., obtained by him cannot be equated on par with degree issued by the first respondent University for academic and promotion purpose in the discipline of Veterinary Surgery and Radiology, as opined by the committee constituted for the purpose.
6. The petitioner has filed the present writ petition to quash the aforesaid order dated 19.05.2009 of the first respondent University and also the report of the committee constituted to examine, whether the Ph.D., degree awarded by the Gandhi Gram Rural University can be considered on par with the degree issued by the first respondent University for academic and promotional purpose in the discipline of Veterinary Surgery and Radiology and for a consequential direction to the first respondent to treat the degree of Doctor of Philosophy acquired in the field of "Validation of fresh Herbs and Traditional Herbal Formulation for Wound Healing Management in Livestock" issued by the second respondent as recognised degree in Veterinary Surgery and grant career advancement and regular promotion to the post of Associate Professor with all attendant benefits.
7. Notice was ordered on 25.06.2009.
8. The first respondent filed counter affidavit and also additional counter affidavit.
9. Heard Mr.R.Syed Mustafa, learned counsel for the petitioner; Mr.V.Venkatesan, learned counsel for the first respondent and Mr.S.Gopalaratnam, learned counsel for the second respondent.
10. The petitioner obtained degree in Master of Veterinary Science in Surgery in the first respondent - University in the year 1987. He joined as Assistant Professor on 01.05.1990 in the Department of Veterinary Surgery in the first respondent University. On completion of 8 years of service, he was granted senior scale in the post of Assistant Professor in 1998. He was further granted selection grade in the post of Assistant Professor in the Department of Veterinary Surgery in 2002. He is the Head of the Department of Veterinary Surgery. These facts are not in dispute.
11. The petitioner applied to undergo full-time Ph.D., in the second respondent University. The first respondent passed an order dated 05.02.2004, granting permission for the same. Accordingly, the petitioner underwent full-time Ph.D., programme. The second respondent issued a provisional certificate on 20.10.2008, awarding Ph.D,.
12. The first respondent University issued a circular dated 02.02.2009 calling for elevation to senior scale Assistant Professor, Selection Grade Assistant Professor, Associate Professor, etc., we are herein concerned with the Career Advancement of Assistant Professor to Associate Professor. The petitioner applied for the same.
13. The scheme of Career Advancement is to avoid stagnation in a particular post. In this case, as stated above, the petitioner is working as Assistant Professor from 1990, without any promotion. However, the petitioner has to satisfy certain norms to mere forward to the higher post of Associate Professor in Career Advancement.
14. The first respondent University sent an interview card on 11.05.2009, directing the petitioner to appear for the interview on 22.05.2009. It is stated in the interview card that, subject to recognition of his Ph.D., in Veterinary Surgery by the committee constituted for the purpose before the interview dated 22.05.2009, the interview card was sent. The first respondent University passed the impugned order on 19.05.2009, stating that Ph.D., degree obtained from the second respondent University cannot be equated on par with the degree of first respondent University for academic and promotion purpose in the discipline of Veterinary Surgery and Radiology as opined by the committee constituted for the purpose, which led to the filing of the present writ petition.
15. The learned counsel for the petitioner relied on the circular dated 02.02.2009 issued by the first respondent University and submits that as per the circular, the requirement is only Ph.D., degree. It is also submitted that as per the Serial No.11 (a) of Appendix (i)(a) of the TANUVAS Regulations framed under Section 48 (4) and 40 (1) of the Tamil Nadu Veterinary and Animal Sciences University Act, 1989, the requirement is only Ph.D., It is nowhere stated that Ph.D., should be in Veterinary Surgery. It is further submitted that the petitioner was granted Ph.D., for his thesis "Validation of fresh Herbs and Traditional Herbal Formulation for Wound Healing Management in Livestock" and the same is related to Veterinary Surgery. He has also taken me through the syllabus for Post Graduate Decree in the first respondent University in Veterinary Surgery. According to the learned counsel for the petitioner that one of the papers approved by the first respondent University in Semester VII is General Surgery and Anesthesiology, wherein the wound treatment forms part of surgery. In these circumstances, the first respondent University cannot refuse to consider him for Career Advancement to the post of Associate Professor.
16. On the other hand, the learned counsel for the first respondent University strenuously contends that though the Regulations provided for Ph.D., degree, it should be read that Ph.D., degree in relevant subject viz., Ph.D., Degree in Veterinary Surgery. The learned counsel also relies on the letter dated 05.02.2004 granting the petitioner to undergo Ph.D., programme in the second respondent University. In the said letter, it is stated that the Ph.D., programme, if relevant and recognised by the first respondent University alone will be considered for promotion / elevation to the higher grade. Hence, the Ph.D., obtained by the petitioner from the second respondent University cannot be relied for Career Advancement to the post of Associate Professor.
17. The learned counsel for the first respondent also relies on a decision of the Hon'ble Apex Court in Union Public Service Commission Vs. L.P. Tiwari and others reported in (2006) 12 SCC 317.
18. I have considered the submissions made on either side and perused the materials available on record.
19. It is not in dispute that the first respondent awarded the degree in Master of Veterinary Science in Surgery to the petitioner in the year 1987. Based on the same, he was appointed as Assistant Professor on 01.05.1990. He was granted senior scale and also selection grade in the post of Assistant Professor. He is stagnating in the post Assistant Professor. He wants to elevation to the post of Associate Professor by Career Advancement. He underwent Ph.D., programme in the second respondent - University so as to get benefit under the Career Advancement scheme.
20. The serial No.11 (a) of Appendix (i)(a) of the TANUVAS Regulations framed under Section 48 (4) and 40 (1) of the Tamil Nadu Veterinary and Animal Sciences University Act, 1989, deals with the qualification, constitution of selection committee and appointing authority for Career Advancement to Associate Professor and the same is extracted here-under:-
Sl.No. Name of the Posts & scales of pay (1) Qualification (2) Constitution of selection committee (3) Appointing authority (4) 11
(a)
(i) Career Advancement as Associate Professor:
Rs.12000-420-18300/-
(a) Ph.D. degree
(b) Completed 5 years of service in the Assistant Professor Senior Scale (OR) a total service of 9 years with Ph.D.
(c) Participated in 2 Refresher Courses / Summer Institute each of approximately 3 to 4 weeks duration or engaged in other appropriate continuing education prgrammes after becoming Senior Scale.
(d) Made some marks in the area of scholarships/ Research
(e) Consistently good performance.
(a) Vice-Chancellor-Chairman;
(b) Two external Experts nominated by the Vice-Chancellor among the panel of External Experts approved by the Board -Members;
(c) Faculty Dean Member,
(d)Director - concerned Member,
(e) Head of the Department concerned - Member Vice-
Chancellor.
Column (2) relating to qualification is relevant for this case and as far as other issues are concerned, there is no dispute. According to the petitioner, the Regulations provide only Ph.D., and nowhere it states that Ph.D., should be in Veterinary Surgery. In my considered view, the petitioner is correct that the requirement is only Ph.D., degree. It is not also stated that Ph.D., degree should be obtained from the first respondent University. In any event, the Ph.D., degree should relate to the Veterinary Surgery.
21. As rightly contended by the learned counsel for the petitioner, the thesis submitted for Ph.D., relates to Veterinary Surgery. The petitioner submitted his thesis "Validation of fresh Herbs and Traditional Herbal Formulation for Wound Healing Management in Livestock" and he was granted Ph.D., by the second respondent - University, based on the abovesaid thesis.
22. The learned counsel for the petitioner is also correct in his submission that wound healing forms part of Veterinary Surgery. For the said purpose, he has taken me through the syllabus for the Post Graduate course in Veterinary Surgery. The semester VII contains a paper on General Surgery and Anesthesiology. The syllabus for General Surgery includes treatment of wounds. The relevant passage from the said syllabus is extracted here-under:-
"SURGERY AND RADIOLOGY SEMESTER VII GENERAL SURGERY AND ANAESTHESIOLOGY VSR-411 2+1=3 GENERAL SURGERY THEORY:
Introduction, history, classification and development of Veterinary Surgery, General Surgical principles, pre-operative and post operative considerations. Importance of sutures, suturing materials and different knots. Asapsisantisepsis, their application in Veterinary Surgery, sterilization of surgical materials and instruments. Inflammation, abscess, tumours, cysts, hernia etc. and their treatment. Wound: classification, symptoms-diagnosis and treatment complications and their prevention and remedies. Haemorrhage and haemostasis, shock, haematoma, necrosis, gangrene, burns and scald, frost bite. Surgical infections and their prevention and management."
Therefore, it cannot be said that the petitioner obtained Ph.D., in a totally different subject, not relating to the Veterinary Surgery at all. I am in agreement with the learned counsel for the petitioner that the Ph.D., degree is relating to Veterinary Surgery, as seen from the syllabus for the Post Graduate Course in Veterinary Surgery.
23. In fact, as rightly contended by the learned counsel for the petitioner, the circular dated 02.02.2009 calling for the application, reproduced the Regulations relating to requirement for Career Advancement of Associate Professor. The relevant para is extracted here-under:-
"3. Career Advancement of Associate Professor/Deputy Librarian/Deputy Director of Physical Education: (Rs.12000-420-18300/-)
(a) Ph.D. degree
(b) Completed 5 years of service in the Assistant Professor Senior Scale (OR) a total service of 9 years with Ph.D.
(c) Participated in 2 Refresher Courses / Summer Institute each of approximately 3 to 4 weeks duration or engaged in other appropriate continuing education prgrammes after becoming Senior Scale.
(d) Made some marks in the area of scholarships/ Research.
(e) Consistently good performance."
Thus, the Circular, dated 02.02.2009, contemplates only Ph.D., and nowhere states the Ph.D., degree in Veterinary Surgery. In this case, the petitioner obtained Ph.D., degree relating to Veterinary Surgery.
24. The report of the committee is extracted here-under:-
"The committee constituted by the University to examine the case of Dr.S.Peer Mohammed and to report whether the Ph.D degree titled "validation of fresh herbs and a traditional herbal formulation for wound healing management in livestock" issued by the Gandhigram Rural University (GRU) can be considered on par with such degree issued by TANUVAS for academic and promotional purpose in the discipline of surgery met on 06.05.2009 and resolved to request for rules and regulations of GRU in respect of Ph.D. course. The thesis which was made available was looked into by all the members. The committee met again on 07.05.2009 since the regulations and prospectus were received by then. The Gandhigram Rural University (GRU) is approved by the University Grants Commission (UGC) and has a Faculty of Agriculture and Animal Husbandry as per the prospectus. On perusal of the thesis, regulations and prospectus, the following observations were noticed in the system of education and regulation. The Ph.D degree offered by GRU is for a minimum duration of three years. The components as available in the system of education are research, qualifying examination, submission of thesis, external evaluation of thesis, viva voce with external component, etc. However, the degree does not have course work which includes term paper and credit seminar as in TANUVAS. Dr.S.Peer Mohammed has undertaken a full time (three years) interdisciplinary research with a joint supervisor Dr.N.Punniamurthy, HOD, VUTRC, Thanjavur, while the work has been supported by technical staff of TANUVAS in conduct of trials, interpretation of results and statistical analysis. The qualifying examination was taken for research methodology and on the research topic only as is in the regulations of GRU. The complete veterinary surgery was not taken up in this examination. However, the results of the thesis have been evaluated by two external examiners majored in Veterinary Surgery (i.e.) one from India, one from outside India and has been found suitable for the award of Ph.D degree. The committee opines that the degree issued by the GRU to Dr.S.Peer Mohammed for interdisciplinary research cannot be considered on par with such degree issued by TANUVAS for academic and promotional purpose in the discipline of Veterinary Surgery."
The report of the committee makes it very clear that the two external examiners majored in Veterinary Surgery i.e., one from India and one from outside India, looked into the thesis and evaluated the petitioner for conferring Ph.D., The aforesaid report itself makes it very clear that the petitioner satisfied the requirements, as per the regulations referred to above. In spite of the same, the committee came to the conclusion that the Ph.D., awarded by the second respondent to the petitioner cannot be considered for the academic and promotional purposes in the discipline of Veterinary Surgery. Thus, the report of the committee is opposed to the Statutory Regulations referred to above.
25. In my considered view, the report of the committee as well as the impugned order dated 19.05.2009 is opposed to the Regulations referred to above.
26. In this case, I have only looked into as to whether, the petitioner has satisfied the requirement of the Regulations. Hence, the judgment relied on by the learned counsel for the first respondent is not applicable to the facts of the case.
27. In the said circumstances, the writ petition is allowed and the first respondent - University is directed to grant the petitioner, Career Advancement as Associate Professor along with all benefits including arrears payable on granting the benefits within a period of six weeks from the date of receipt of a copy of this order.
28. The writ petition is allowed on the above terms. No costs. Consequently, connected miscellaneous petition is closed.
r n s To
1. The Registrar, Tamil Nadu Veterinary and Animal Sciences University, (TANUVAS), Madhavaram Milk Colony, Chennai 600 051.
2. The Registrar The Gandhi Gram Rural University, Gandhi Gram, Dindigul District 624 302