Madras High Court
R. Suresh vs The Secretary on 22 August, 2012
Author: Vinod K. Sharma
Bench: Vinod K. Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 22/08/2012
Coram
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
W.P.(MD) No.4468 of 2012
and
M.P.(MD)No.1 of 2012
R. Suresh,
S/o. M. Ramalingam,
No.12-B, III rd Street,
West Ponnagaram,
Madurai - 625 016. ...... Petitioner
Vs
1. The Secretary,
Law Department,
Government of Tamil Nadu,
St. George Fort, Chennai - 9.
2. The Director of Legal Studies,
Purasaivakkam, Chennai.
3. The Principal,
Government Law College,
Madurai. ....... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, to direct the respondents to
implement the UGC guideline No.F.10-1/2009(PS) dated February 2010 and to refix
the Honourarium paid for the Guest Lecturers delivered by the petitioner as
Rs.1000/- per hour to the maximum of Rs.25,000/- per month based on the
petitioner's representation dated 21.07.2011.
!For Petitioner ... Mr. R.A.S. Anandraj
^For Respondents... Mr. R. Karthikeyan
Additional Government Pleader
- - - - - - - -
:ORDER
The petitioner prays for issuance of a Writ, in the nature of Mandamus, to direct the respondents, to implement the UGC guideline No.F.10- 1/2009(PS) dated February 2010, and to refix the Honourarium for the Guest Lectures at Rs.1000/- (Rupees One Thousand only) per hour with the maximum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month.
2. The petitioner, who belongs to B.C.Community, and was awarded degree in Bachelor of Law in the year 2002. The petitioner, thereafter enrolled himself, as an Advocate. The petitioner also completed Master Degree in Law (Constitution and Legal Order) in the year 2003 - 2005 in Dr. Ambedkar Law University, Chennai.
3. The petitioner was appointed, as Guest Lecturer, in Law College at Madurai. The petitioner is teaching law subjects, for undergraduate and post graduate classes. The appointment of the guest lecturer is on yearly basis, which is extended from time to time. Originally, the guest lecturers were paid Rs.100/-(Rupees One Hundred only) per hour with the maximum of Rs.4000/- (Rupees Four Thousand only) per month, which was increased to Rs.500/- (Rupees Five Hundred only) per hour with the maximum of Rs.10,000/- (Rupees Ten Thousand only) per month.
4. All the 28 guest lecturers working in the Law College are paid at Rs.500/- (Rupees Five Hundred only) per hour to the maximum of Rs.10,000/- (Rupees Ten Thousand only) per month.
5. The University Grants Commission, which is a Regulatory Body of Higher Education in India issued guidelines vide No.F.10-1/2009(PS) dated February 2010, regulating the scheme of appointment / Honorarium of Guest /Part- time teachers. As per the guidelines, it was directed, that in view of the acceptance of the recommendations of the VI Pay Review Committee, the Guest / Part time Lecturers, possessing of minimum qualification for the post of an Assistant Professor should be paid Rs.1000/- (Rupees One Thousand only) per lecture, to a maximum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month.
6. The petitioner, being fully covered under the Guidelines, filed a representation, with the respondent for grant of Honorarium of Rs.1000/- (Rupees One Thousand only) per lecture, with a maximum amount of Rs.25,000/- (Rupees Twenty Five Thousand only) per month. But, no reply was received. The petitioner, therefore approached this Court, with a prayer for issuance of a writ, in the nature of Mandamus.
7. A counter has been filed. Para 4 of the counter reads as under:-
"4. With reference to the averments made by the4 petitioner in paragraphs 6,7 and 8 of the affidavit, I respectfully submit that Guest Lecturers are utilised in the Government Law Colleges on hourly basis to teach Law and Non-Law subjects as an adhoc arrangement till regular appointments are made through the Teachers Recruitment Board, after obtaining permission from the Government subject to the conditions and qualifications prescribed by the Government. The qualifications prescribed for the Guest Lecturers are submitted hereunder:-
"(1) Qualifications prescribed for the Guest Lecturers utilised for teaching Non-Law subjects:-
Should possess not less than 55% of marks in the Master's Degree in the relevant Non-Law subject. 55% of marks in the Master's Degree is not necessary in the case of retired teachers.
(1) Qualifications prescribed for the Guest Lecturers utilised for teaching Law subject:-
(1) (a) M.L.or equivalent degree with not less than 55% of marks is not necessary in the case of retired teachers; and
(b) Should have enrolled as an Advocate. (OR) (2) (a) M.L.or equivalent degree; and
(b) Experience as an Advocate for 3 years. (OR) (3) (a) First class B.L or equivalent degree; and
(b) Any Bachelor's degree; and
(c) Experience as an Advocate for 5 years. (OR) (4) (a) Second class B.L. or equivalent degree; and
(b) Second class Bachelor's degree or a Master's degree; and
(c) Experience as an Advocate for 5 yeas"
8. It is not disputed, that the petitioner fulfills the qualification. It is also not disputed in the counter, that the guidelines issued by the University Grants Commission are binding on the University, Law College as also the Government. The only defense raised is, that the post against which the petitioner is working, is not the sanctioned post. The stand of the respondents in the counter reads as under:-
"6. It is further submitted that in letter No.F.10-1/2009 (PS), dated February, 2010, it was informed that the University Grants Commission had decided that the Guest Lecturers who possess the minimum qualifications for the post of an Assistant Professor should be paid Rs.1000/- per lecture to a maximum of Rs.25,000/- per month. In the said letter, the revised guidelines for the appointment of Guest Lecturers have been issued by the University Grants Commission as furnished hereunder:-
1) Guest Lecturers may be appointed only against sanctioned post.
2) The qualifications for the Guest Lecturers should be the same as those prescribed for the regular teachers of Universities/ Colleges in UGC's Regulations.
3) Selection procedure for appointing Guest Lecturers should be the same as for a regularly appointed teacher.
7. It is further submitted that in the Department of Legal Studies, there is no sanctioned post of Guest Lecturer and Guest Lecturers are not appointed against the sanctioned post. In the Department of Legal Studies, no appointment orders are issued to the Guest Lecturers who are utilised in the Government Law Colleges and their services are utilised on hourly basis and purely as an adhoc arrangement till regular teachers are appointed through the Teachers Recruitment Board.
It is further submitted that the qualifications insisted for the Guest Lecturers of the Government Law Colleges are not the same as those prescribed for the regular teachers who are selected and appointed through the Teachers Recruitment Board and the selection procedure for the selecting the Guest Lecturers is not the same as that of the regularly appointed teachers. Hence, the petitioner herein is not justified in seeking enhancement of the remuneration paid to him as per letter No.F.10-1/2009 (PS), dated February, 2010 of the University Grants Commission."
9. The learned counsel for the petitioner vehemently contends, that once it is not disputed, that the guidelines issued by the University Grants Commission is binding on the University, there is no justification with the respondents, to refuse the grant of Honourarium at Rs.1000/- (Rupees One Thousand only) per lecture with a maximum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month. It is contended, that the defense of the respondent in denying the claim as per the guidelines, is totally arbitrary, thus, hit by Article 14 of the Constitution of India.
10. The learned Additional Government Pleader opposed the writ petition on the ground, that though the guidelines is binding on the University, and the Government, but it will apply only to the sanctioned post, and that the post held by the petitioner is not the sanctioned post, therefore the petitioner is not entitled to invoke the UGC guidelines, to claim the Honourarium at Rs.1000/- (Rupees One Thousand only) per lecture with a maximum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month.
11. On consideration, I find, that the defense raised by the respondents cannot be accepted.
12. Admittedly, the petitioner is working as Guest Lecturer in the University. It is for the University, and the Government to see whether the post is sanctioned or not. The person, who performs a duty on a post, cannot be denied the Honorarium attached to the post by artificial classification. Once it is not disputed, that the guidelines issued by the University Grants Commission are binding on the University, and the Government, then the recommendations have to be implemented for grant of Honorarium to guest lecturers, who are performing the duties irrespective of fact whether it is sanctioned post or not as persons performing similar duties can not be discriminated merely for want of post being sanctioned.
13. It is for the respondents to decide whether the appointment is as guest lecturer against sanctioned post. It is not open to the respondents, to deny the Honorarium attached to the post, when once the petitioner is allowed to work as guest lecturer.
14. The learned counsel for the petitioner is right, in contending, that the action of the respondents, in denying the benefits under the U.G.C recommendations is arbitrary, thus hit by Article 14 of the Constitution of India.
15. Consequently, this writ petition is allowed. A writ, in the nature of Mandamus, is issued directing the respondents to implement the UGC guideline No.F.10-1/2009(PS) dated February 2010 and to refix the Honourarium paid for the Guest Lectures delivered by the petitioner at Rs.1000/- (Rupees One Thousand only) per hour subject to the maximum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month.
No costs.
Consequently, the connected M.P.(MD)No.1 of 2012 is closed.
Dpn/-
To
1. The Secretary, Law Department, Government of Tamil Nadu, St. George Fort, Chennai - 9.
2. The Director of Legal Studies, Purasaivakkam, Chennai.
3. The Principal, Government Law College, Madurai.