Madras High Court
S. Kamala Kannan vs The Syndicate on 10 October, 2025
W.P.No.13973 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 11/9/2025
Pronounced on 10/10/2025
THE HONOURABLE Mr.JUSTICE K. SURENDER
Writ Petition No.13973 of 2015
and
M.P.No.3 of 2015
S. Kamala Kannan ... Petitioner
Vs
1. The Syndicate
rep. By its Vice Chancellor/Chairman
Bharathiar University
Coimbatore 46.
2. The Registrar
Bharathiar University
Coimbatore 46.
3. Dr.B.Vinayagamoorthy
Assistant Professor (Selected)
Dept of Human Genetics and Molecular Biology
Bharathiar University
Coimbatore 46. ... Respondents
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W.P.No.13973 of 2015
Prayer: Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of certiorarified mandamus to call for the Minutes
of the Syndicate Meeting No.279 of the first respondent held on 13/4/2015
and quash the same in so far as it approves the appointment of third
respondent as Assistant Professor in the Department of Human Genetics and
Molecular Biology (E7) and consequently, direct the respondents 1 and 2 to
appoint the petitioner for the post of Assistant Professor on regular basis in
the Department of Human Genetics and Molecular Biology (E7) in the first
respondent University.
For petitioner ... Mr.R.Murali
For respondents ... No appearance
for R.R.1 and 3
Mr.D.Ravichander
for R.2
-----
ORDER
This writ petition has been filed to quash the Minutes of the Syndicate Meeting No.279 of the first respondent held on 13/4/2015 and direct the respondents 1 and 2 to appoint the petitioner for the post of 2/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 08:40:01 pm ) W.P.No.13973 of 2015 Assistant Professor on regular basis in the Department of Human Genetics and Molecular Biology (E7) in the first respondent University.
2. The brief facts of the case are that the respondent University issued a recruitment Notification on 5/8/2014 inviting applications for the post of Assistant Professor and Associate Professor in the Department of Human Genetics and Molecular Biology. The selection process was held and in the said process, third respondent, viz., Dr.B.Vinayagamoorthy was selected for the post of Assistant Professor (Human Genetics and Molecular Biology).
3. The petitioner is mainly questioning the selection of the third respondent on the sole ground that the third respondent does not have NET/SLET qualification and hence, the first respondent ought not to have selected the third respondent.
4. Heard Mr.R.Murali, learned counsel for the petitioner and 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 08:40:01 pm ) W.P.No.13973 of 2015 Mr.D.Ravichander, learned counsel for the second respondent. There is no representation on behalf of the first and third respondents.
5. It is the case of the petitioner that he has obtained a Ph.D degree in the year 2009 and is exempted from NET/SLET qualification in lieu of UGC Regulations. Since the third respondent did not have a requisite qualification of Ph.D, the University ought to have insisted on NET/SLET qualification without which the selection of the third respondent is improper.
6. It is not in dispute that the third respondent had obtained Ph.D degree in accordance with UGC (Minimum Qualifications for Appointment and Career Advancement Scheme of Teachers in Universities and Institutions Affiliated to it) (3rd Amendment) Regulation, 2009, Regulation 1.3.3, 1.4.3, 1.5.3 and 1.6.1 were substituted to the effect that there is an exemption from NET/SLET qualification to those Ph.D holders for recruitment and appointment to the post of Assistant Professors in 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 08:40:01 pm ) W.P.No.13973 of 2015 Universities and Colleges with effect from 11/7/2009. The said 2000 regulations were superseded by UGC, 2010 Regulations which retained the said provision under Clause 3.3.1. Therefore, Ph.D holders were exempted from NET/SLET qualification for appointment to the post of Assistant Professor with effect from 11/7/2009.
7. It is not the case of the petitioner that recruitment process suffered any procedural illegality. The third respondent obtained Ph.D degree in the year 2014, and was qualified during the selection process. In view of the Regulations as stated above, there is no requirement for the third respondent to qualify NET/SLET. Having fulfilled all the qualifications, including the required Ph.D norms, first respondent has appointed the third respondent to the post of Assistant Professor. In such a view of the matter, this writ petition deserves dismissal.
8. Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 5/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 08:40:01 pm ) W.P.No.13973 of 2015 (K.SURENDER,J) 10/10/2025 mvs.
Index: Yes/No Neutral Citation: Yes/No K.SURENDER, J.
mvs.
6/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 08:40:01 pm ) W.P.No.13973 of 2015 Pre-delivery order made in W.P.No.13973 of 2015 10/10/2025 7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 08:40:01 pm )