Madras High Court
G.Rajavarman vs University Of Madras on 17 March, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.7225 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.7225 of 2015
G.Rajavarman,
S/o.M.Govindan ... Petitioner
Vs.
1.University of Madras,
Represented by its Registrar,
Centenary Buildings,
Chepauk, Chennai – 600 005.
2.The Principal Secretary to Government,
Higher Education Department,
Secretariat, Chennai – 600 004.
3.The Secretary,
University Grants Commission,
Bahadur Shah Zafer Marg,
New Delhi – 110 002.
4.Dr.N.Kala,
Assistant Professor of Centre for Cyber Forensics
and Information Security,
University of Madras,
Chennai – 600 005. ... Respondents
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W.P.No.7225 of 2015
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, to call for the records relating
to the impugned order of appointment made in favour of the 4th respondent as
Assistant Professor, Centre for Cyber Forensics and Information Security
Discipline of University of Madras by the 1st respondent in his proceedings
No.D1/TE/Appt. of Asst.Prof./2014/R-14 dated 15.02.2014, quash the same as
illegal and consequently direct the respondents 1 to 3 herein to appoint the
petitioner to the above post.
For Petitioner : Mr.G.Punniakotti
For Respondents :
For R1 : Mr.A.S.Vijayaragavan
For R2 : Mr.C.Jayaprakash
Government Advocate
For R3 : Mr.P.R.Gopinathan
For R4 : No appearance
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.
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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. Prescribed Qualification as Qualification Qualification No. per notification for possessed by the possessed by appointment petitioner the 4th respondent
(i) A Master Degree with 55% M.E., Electronics M.Sc., NET, marks in M.Sc., Cyber and Ph.D. Forensic Science and Communication Information Security or M.Sc., System in Scored Forensic Science or M.C.A., or percentage of M.Sc., Information Marks CGPA Technology or M.E., 7.88% (First Computer Science and Class) Engineering or M.E.Electronics and specialization in Network Security Cyber Crime or Cyber Forensics or Information Security.
(ii) In addition the International C.C.N.A. (Cisco Not Possessed.
Certificate in Cyber Forensics Certified Network -Nil- and Information Security and Associated) related areas in preferable. International Certificate Course https://www.mhc.tn.gov.in/judis 3/10 ( Uploaded on: 26/03/2025 03:42:12 pm ) W.P.No.7225 of 2015 Sl. Prescribed Qualification as Qualification Qualification No. per notification for possessed by the possessed by appointment petitioner the 4th respondent passed in Related Area in Cyber Forensics and Information Security.
(iii) Candidates possessing 55% M.E.Electronics M.Sc., NET,
marks in M.E.Computer and Ph.D. (Not
Science and Engineering or Communication fully
M.E., Electronics and System in Scored Computer
Communication with Percentage of Technology
specialization in Network Marks CCPA Software and
Security or Cyber Crime or 7.88% First Class Hardware Cyber Forensics or NET Exempted. Networking) Information Security and (Studied in fully Candidates with International Engineering Certifications in Cyber Technology, NET Forensics and Information not conducted by Security and related areas are UGC) exempted from qualifying NET Examination.
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. https://www.mhc.tn.gov.in/judis 4/10 ( Uploaded on: 26/03/2025 03:42:12 pm ) W.P.No.7225 of 2015
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 1 st 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 https://www.mhc.tn.gov.in/judis 5/10 ( Uploaded on: 26/03/2025 03:42:12 pm ) W.P.No.7225 of 2015 presented and 1 participation.
(m) Participation in Seminars/Workshops/Conferences and presentation of Papers Presented – International 1 Paper presented.”
8. In the Counter Affidavit filed by the 3rd Respondent, the 3rd Respondent has reiterated the qualifications prescribed for the subject post in the Recruitment Notification and the provisions of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (in short, 'UGC Regulations').
9. It is submitted that as per Section 26 of the University Grants Commission Act, 1956 (in short, 'UGC Act'), the UGC has been vested with the power to make regulations.
10. It is submitted that by Notification in the Official Gazette, a Commission can make regulations in consistent with the Act and the Rules made thereunder, among others, defining the minimum standards of instructions for the grant of any degree by any University as also regulating the maintenance of standards and the co-ordination of work or facilities in Universities. https://www.mhc.tn.gov.in/judis 6/10 ( Uploaded on: 26/03/2025 03:42:12 pm ) W.P.No.7225 of 2015
11. Learned counsel for the 3rd Respondent has also drawn attention to the UGC Regulations, which had been framed by the 3rd respondent in exercise of power conferred under Section 26 of the UGC Act, 1956 vide Regulation No.F.3-1/2000 (PS) dated 04.04.2000.
12. A reference is made to Clause 3.0.0 (Clause 3.1.0, Clause 3.2.0, Clause 3.3.0, Clause 3.3.1, Clause 3.3.2, Clause 3.4.1, Clause 3.5.0 and Clause 3.6.0) to the aforesaid Regulations which pertains to the Recruitment process and the Qualification.
13. A reference is also made to Clause 4.4.6.1 to the aforesaid Regulations which relates to Minimum Qualifications for Appointment of Teaching Faculty in the Universities and Colleges – Engineering and Technology Discipline.
14. A reading of the Counter Affidavit filed by the 1st respondent and the 3rd respondent indicates that the 4th respondent has reached all the criteria under https://www.mhc.tn.gov.in/judis 7/10 ( Uploaded on: 26/03/2025 03:42:12 pm ) W.P.No.7225 of 2015 the UGC Act, 1956 and under the UGC Regulations, framed by the 3 rd Respondent in exercise of power conferred under Section 26 of the UGC Act, 1956 vide Regulation No.F.3-1/2000 (PS) dated 04.04.2000.
15. As such, there is no merit in the challenge made to the Impugned Appointment Order 15.02.2014 bearing Ref.No.D1/TE/Appt. of Asst.Prof./2014/R-14 of the 1st respondent, appointing the 4th Respondent as Assistant Professor at the Centre for Cyber Forensics and Information Security Discipline of University of Madras.
16. Therefore, this Writ Petition is liable to be dismissed as devoid of merits and is accordingly dismissed. No costs.
17.03.2025 Neutral Citation : Yes / No arb https://www.mhc.tn.gov.in/judis 8/10 ( Uploaded on: 26/03/2025 03:42:12 pm ) W.P.No.7225 of 2015 To:
1.The Registrar, University of Madras, Centenary Buildings, Chepauk, Chennai – 600 005.
2.The Principal Secretary, Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai – 600 004.
3.The Secretary, University Grants Commission, Bahadur Shah Zafer Marg, New Delhi – 110 002.
4.Dr.N.Kala, Assistant Professor of Centre for Cyber Forensics and Information Security, University of Madras, Chennai – 600 005.
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