Madras High Court
Dr.G.Annadurai vs The Law Secretary/Chairman on 14 September, 2012
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/09/2012 CORAM THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.(MD)No.1470 of 2012 and M.P.(MD)Nos.1 and 2 of 2012 Dr.G.Annadurai ... Petitioner Vs 1.The Law Secretary/Chairman, Convener Committee, Manonmaniam Sundaranar University, Alwarkurichi-627 412, Tirunelveli District. 2.Convener Committee, Manonmaniam Sundaranar University, Alwarkurichi-627 412, Tirunelveli District. 3.Manonmaniam Sundaranar University, Represented by its Registrar, Abhishekapatti, Tirunelveli-627 012. 4.University Grants Commission, Rep. by its Chairman, Bahadur Zhah Zafar Marg, New Delhi. ... Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to include the petitioner's name in the panel of invitees for selection to the post of professor under Career Advancement Scheme. !For Petitioner ... M/s.D.Geetha ^For Respondents 1to3... Mr.M.Ajmal Khan Senior Counsel for M/s.Ajmal Associates For Respondent No.4 ... Mr.Vijay Karthikeyan ******* :ORDER
****** The petitioner prays for issuance of a Writ in the nature of Mandamus, directing the third respondent to include the petitioner's name in the panel of invitees for selection to the post of Professor under the Career Advancement Scheme and passes further order as this Court deems it fit.
2. The petitioner was appointed as a Reader by the Law Secretary/Chairman, Manonmaniam Sundaranar University at Sri Paramakalyani Centre for Environmental Sciences on 28.02.2008. The post of Reader is equivalent with similar pay scale as that of Associate Professor. The petitioner was granted pay scale of Rs.12000-420-18300, which was revised to Rs.37400- 67000+AGP 9000.
3. The appointment and service conditions of the teaching staff are governed by statutes applicable to the University. Appendix I prescribes the procedure for recruitment and qualifications.
4. For the post of Professor, the method of recruitment is by direct recruitment and the qualifications prescribed are as per UGC Regulations.
5. The UGC has prescribed the mode of selection and qualification for the post of Professor both by way of direct recruitment and Career Advancement Scheme.
6. Clause 6.4.0 of UGC Regulations dated 30th of July, 2010 prescribes the stages of promotion under Career Advancement Scheme (CAS) of incumbent and newly appointed Assistant Professors/Associate Professors/Professors.
7. Clause 6.0.7 and Clause 6.4.8 of the Regulations read as under:
"6.0.7.- The process of selection of Professor shall involve inviting the bio-data with duly filled Performance Based Appraisal System (PBAS) proforma developed by the respective Universities based on the API criteria bases PBAS set out in this Regulation and reprints of five major publications of the candidates.
6.4.8.- Associate Professor completing three years of service in stage 4 and possessing a Ph.D.Degree in the relevant discipline shall be eligible to be appointed and designated as Professor and be placed in the next higher grade (stage 5), subject to (a) satisfying the required credit points as per API based PBAS methodology provided in Table I-III of Appendix IV stipulated in these Regulations, and (b) and assessment by a duly constituted selection committee as suggested for the direct recruitment of the Professor. Provided that no teacher, other than those with a Ph.D., shall be promoted or appointed as Professor."
8. The petitioner completed three years of service as Associate Professor on 01.03.2011 and, thus, became entitled to promotion to the post of Professor under the Career Advancement Scheme (CAS), as prescribed under Clause 6.4.8 of UGC Regulations.
9. It is submitted that vide circular dated 22.12.2011, the University has circulated Performance Based Appraisal System (PBAS) proforma for Annual Self Assessment of Faculty members eligible for promotion under CAS. The circular was also displayed on the notice board on 04.01.2012. The petitioner submitted his Performance Based Appraisal System (PBAS) proforma on 18.01.2012 through the head of department, but his application for promotion under CAS has not been considered on the plea that the respondents are only considering the previous applications, but applications submitted in pursuant to the circular dated 22.12.2011 are not under consideration. Therefore, the petitioner is not being considered for promotion. The petitioner has approached this Court for direction to consider his case under CAS.
10. The learned counsel for the petitioner placed reliance on Regulations 6.3.1 of the UGC Regulations to contend, that the petitioner, on acquisition of requisite qualification and being eligible, has the right to be considered for promotion to the post of Professor.
11. Regulation 6.3.1 reads as under:
"A teacher who wishes to be considered for promotion under CAS may submit in writing to the university/college, with three months in advance of the due date, that he/she fulfills all qualifications under CAS and submit to the university/college the Performance Based Appraisal System proforma as evolved by the concerned university duly supported by all credentials as per the API guidelines set out in these Regulations. In order to avoid delays in holding Selection Committee meetings in various positions under CAS, the University/College should immediately initiate the process of screening/selection, and shall complete the process within six months from the date of application. Further, in order to avoid any hardships, candidates who fulfill all other criteria mentioned in these Regulations, as on 31 December, 2008 and till the date on which this Regulation is notified, can be considered for promotion from the date, on or after 31 December, 2008, on which they fulfill these eligibility conditions, provided as mentioned above."
12. The factual position, as stated above, is not disputed.
13. The learned Senior Counsel appearing on behalf of the University opposed the Writ Petition on the ground, that the petitioner has no locus to claim the right of consideration under the circular dated 10.11.2010, as he was admittedly not eligible for being considered for promotion to the post of Professor. Those Associate Professors, who were eligible on date of notification, are being considered.
14. It is further the stand of the University, that interview also stands conducted, but result has not been declared, in view of the interim order granted by this Court.
15. The fact that the petitioner was not eligible under the circular dated 10.11.2010 is not disputed by the learned counsel for the petitioner. The contention of the learned counsel for the petitioner is that according to UGC Regulations, the petitioner has the right to be considered on becoming eligible, therefore, the respondents cannot deny the right of consideration of the petitioner for promotion to the post of Professor.
16. The learned Senior Counsel appearing on behalf of the University fairly conceded that the petitioner does have a right of consideration for promotion. He further states that the case of petitioner is being considered and processed under circular dated 22.12.2011 and that his eligibility will be assessed and petitioner will be called for interview, thereafter, decision will be taken regarding his promotion, within a period of three months of the receipt of a certified copy of this order.
17. In view of the fair stand taken by the learned Senior Counsel appearing on behalf of the University, the Writ Petition has been rendered infructuous and disposed of with the direction that the respondents shall bound by the stand taken by the learned Senior Counsel in Court and consider the case of the petitioner for promotion to the post of Professor in terms of Regulation 6.3.1 of UGC Regulations, within a period of three months of the receipt of a certified copy of this order.
18. Consequently, the connected miscellaneous petitions are closed. No costs.
SML To
1.The Law Secretary/Chairman, Convener Committee, Manonmaniam Sundaranar University, Alwarkurichi-627 412, Tirunelveli District.
2.Convener Committee, Manonmaniam Sundaranar University, Alwarkurichi-627 412, Tirunelveli District.
3.The Registrar, Manonmaniam Sundaranar University, Abhishekapatti, Tirunelveli-627 012.
4.The Chairman, University Grants Commission, Bahadur Zhah Zafar Marg, New Delhi.