Madras High Court
K.S.Alvi vs The Director Of Collegiate Education on 28 January, 2015
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2015
CORAM
THE HONOURABLE Mr. JUSTICE K.RAVICHANDRABAABU
W.P.(MD)No.15253 of 2014
and
M.P(MD)No.1 of 2014
K.S.Alvi
... Petitioner
Vs.
1.The Director of Collegiate Education
Chennai- 600 008.
2.The Joint director of Collegiate Education,
Tirunelveli 7.
3.The Manonmaniam Sundaranar University,
Abishekapatti,
Tirunelveli,
rep. by its Registrar.
4.The Women Christian College,
Nagercoil,
Kanyakumari District.
5.The Governing Board of the Women Christian College,
Nagercoil,
Kanyakumari District,
Rep. by its Chairman, the Bishop of
Kanyakumari Diocese C.S.I.
6.The Appointment Committee of the Women
Christian College,
Nagercoil,
Kanyakumari District,
rep. by its Chairman, the Bishop of
Kanyakumari Diocese C.S.I.
7.C.V.Briget Anitha
(7th respondent has been impleaded as per the order of
this Court made in M.P(MD)No.2 of 2014)
... Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to grant qualification
approval for the petitioner's appointment as Librarian in the fourth
respondent's college with effect from 05.11.2009 and approve her appointment,
release and to pay the salary and other benefits to the petitioner, within a
time frame that may be stipulated by this Court.
!For Petitioner : Mr.S.C.Herold Singh
For Respondents : Mr.R.Anandraj
Govt. Advocate
(for R1 and R2)
Mr.Mareeskumar for
M/s Ajmal Associates (for R3)
Mr.K.Sreekumaran Nair
(for R4 to R6)
Mr.Isaack Mohanlal for
Mr.Xavier Rajini (for R7)
:O R D E R
This Writ Petition is filed seeking for a Mandamus directing the respondents to grant qualification approval for the petitioner's appointment as Librarian in the fourth respondent's college with effect from 05.11.2009 and approve her appointment, release and to pay the salary and other benefits to the petitioner.
2. It is stated by the writ petitioner that she is qualified with Bachelor of Library and Information Science and subsequently studied Master of Library and Information Science. She further stated that she joined Master in Philosophy in the same subject and successfully completed the same during March 2008 and as such she is qualified to be appointed as Librarian. It is her further case that she appeared before the fifth respondent for an interview for the post of Librarian and she was declared as the selected candidate and appointment order was issued on 05.11.2009 and she joined the service on 09.11.2009. No action was initiated for approving her appointment. She joined Ph.D at St.Mary's College, Thoothukudi. Therefore, the petitioner seeks for qualification approval of her appointment as Librarian.
3. Mr.Isaack Mohanlal, learned counsel appearing for the 7th respondent submitted that the requisite qualification to the post of Librarian as on the date of appointment of the petitioner is that a Mater Degree in Library Science/Information Science/Documentation Science with at least 55% of the marks with qualifying in NET and aggregated test like SLET/SET with Library Science. He further submitted that the holders of Ph.D Degree are exempted from NET/SLET/SET. According to the learned counsel, the petitioner is not having the qualification of NET or other aggregated test like SLET/SET and she was also not possessing the Ph.D on the date of her appointment. Therefore, he submitted that the petitioner is not having the requisite qualification to the post of Librarian and consequently, relief sought for in the writ petition cannot be granted.
4. The Management/College filed a counter affidavit, wherein it is stated that the petitioner is not qualified for the post of Librarian as per the University Rules and Norms as she is not having the qualification of NET/SLET. It is also stated that the petitioner is not having Ph.D. Therefore, the petitioner cannot demand for approval of her appointment.
5. Mr.K.Sreekumaran Nair learned counsel appearing for the respondents 5 and 6 reiterated the contention raised in the counter affidavit of the Management and submitted that the petitioner is not having requisite qualification and so the Mandamus cannot be issued.
6. It is seen that the petitioner is seeking for qualification approval to the post of Librarian, after having been appointed by the Management on 05.11.2009. The followings are the requisite qualification to the post of Librarian.
4.5.3 UNIVERSITY ASSISTANT LIBRARIAN / COLLEGE LIBRARIAN i. Master's degree in Library Science/Information Science/Documentation Science or an equivalent professional degree with at least 55% of the marks or its equivalent grade of 55% marks where grading system is practiced and a consistently good academic record with knowledge on computerization of library.
ii. Qualifying in the National Eligibility Test (NET) or other accredited test like SLET/SET in Library Science conducted for the purpose by the UGC or any other agency approved by the UGC. iii. Holder of Ph.D Degree as on the date of Notifications of these Regulations, along with those candidates who are awarded a Ph.D degree through a process of admission, registration, course work and external evaluation as laid down in the UGC (Minimum Standards and Procedure for award of M.Phil/Ph.D Degree), Regulations, 2009 and so adopted by the University shall be exempted from NET/SLET/SET.
7. It is not in dispute that the petitioner apart from having Masters degree, is not possessed with the qualification of NET or other aggregated test like SLET/SET and she is also not holding Ph.D as on the date of appointment. On the other hand, the learned counsel appearing for the petitioner submitted that the petitioner has only submitted thesis now for getting Ph.D degree. Therefore, it is an undisputed fact that the petitioner is not having the requisite qualification as contemplated under University Regulations to the post of Librarian. When that being the factual position, the petitioner is not entitled to seek for a Mandamus directing the respondents to give qualification approval as Librarian.
8. Accordingly, I find that the petitioner is not entitled to succeed in this writ petition. Consequently, the Writ Petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
28.01.2015 Index:Yes/No Internet:Yes/No skn To
1.The Director of Collegiate Education Chennai- 600 008.
2.The Joint director of Collegiate Education, Tirunelveli 7.
3.The Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli, rep. by its Registrar.
4.The Women Christian College, Nagercoil, Kanyakumari District.
5.The Governing Board of the Women Christian College, Nagercoil, Kanyakumari District, Rep. by its Chairman, the Bishop of Kanyakumari Diocese C.S.I. K.RAVICHANDRABAABU, J skn
6.The Appointment Committee of the Women Christian College, Nagercoil, Kanyakumari District, rep. by its Chairman, the Bishop of Kanyakumari Diocese C.S.I. W.P.(MD)No.15253 of 2014 and M.P(MD)No.1 of 2014 28.01.2015