Madras High Court
Dr.L.Phadmaja vs The University Grants Commission on 1 February, 2022
Author: M.S. Ramesh
Bench: M.S. Ramesh
W.P.No.27019 of 2015
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 01.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.27019 of 2015
and M.P.Nos.1 and 2 of 2015
and C.M.P.No.7585 of 2019
Dr.L.Phadmaja ...Petitioner
Vs
1.The University Grants Commission,
Rep by its Chairman,
Bahadur Sha Zaffar Marg,
New Delhi 2.
2.The Government of Tamil Nadu,
Rep by its Secretary,
Higher Education Department,
Fort St. George, Chennai 9.
3.The Director of Collegiate Eduation,
College Road, Chennai 6.
4.The Joint Director of Collegiate Education,
Tirunelveli Region, Tirunelveli.
5.The Registrar,
Manomaniam Sundaranar University,
Abishekapatti,
Tirunelveli.
6.The Correspondent,
Nesamoney Memorial Christian College,
Marthandam and Post,
Kanyakumari District. ...Respondents
https://www.mhc.tn.gov.in/judis
1
W.P.No.27019 of 2015
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a writ of Certiorarified Mandamus, calling for the
records relating to the order of the 4th respondent in
Pa.Lu.No.E2/17546/2006, dated 12.02.2007 and the order of the 5 th
respondent in R/CD/NMC/QA/A.P/2015 dated 16.04.2015, quash the
same insofar as it approving the appointment of the petitioner with effect
from 21.08.2000 to 25.07.2006, consequently direct the respondents 2 to
4 to approve the appointment of the petitioner as Lecturer in the
Department of Physics made by the 6th respondent with salary and all
other benefits from 21.08.2000 in the FIP (Study Leave) vacancy and
from 20.06.2001 in the permanent vacancy till 25.07.2006, in view of the
1st respondent Notification dated 14.06.2006.
For Petitioner : Mr.K.Sathishkumar
For Respondents : Mr.P.R.Gopinathan, UGU for R1
Mr.B.Vishnu Chelliya for R5
Mr.Vadiveludeenadayalan for RR2 to 4
ORDER
With the consent of both the parties, this writ petition is taken up for final disposal.
2.As per the UGC Regulations 2000, regarding minimum qualifications required for the appointment and career advancement of https://www.mhc.tn.gov.in/judis 2 W.P.No.27019 of 2015 Teachers in Universities and Institutions, the original condition reads as follows:
“NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. Degree. However, the candidates who have completed M.Phil degree or have submitted Ph.D. thesis in the concerned subject upto 31st December, 1993 are exempted from appearing in the NET examination.”
3.Subsequently the aforesaid requirement came to be substituted by a notification dated 14.06.2006 in the following manner:-
“NET shall remain the compulsory requirement for appointment as Lecturer for those with post-graduate degree. However, the candidates having Ph.D. degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil degree in the concerned subject are exempted from NET for UG level teaching only.” https://www.mhc.tn.gov.in/judis 3 W.P.No.27019 of 2015
4.The Notification dated 14.07.2006 is not an “amendment” to the original UGC Regulations but a “Substitution” and apparently, the requirement which has now been brought by way of substitution, would be retrospectively applicable from the date of commencement of the original UGC Regulations, 2000.
5.In this background, it is seen that the petitioner herein, who holds a M.Phil degree, was appointed as Physics Lecturer in the permanent vacancy that arose due to the retirement of a Lecturer on 20.06.2001. The petitioner's appointment was approved on 07.12.2006 by the Government. In view of the present substitution of the original UGC regulations 2000, by Notification dated 14.07.2006, the petitioner who holds M.Phil degree and appointed to teach UG level, would now be entitled for approval from 20.06.2001 onwards, in view of the observations made by this Court in the earlier paragraphs.
6.Consequently, the order of the 4th respondent in Pa.Lu.No.E2/17546/2006, dated 12.02.2007 and the order of the 5 th https://www.mhc.tn.gov.in/judis 4 W.P.No.27019 of 2015 respondent in R/CD/NMC/QA/A.P/2015 dated 16.04.2015, insofar as it approves the appointment of the petitioner with effect from 21.08.2000 to 25.07.2006, is concerned, stands quashed. Accordingly, there shall be a direction the respondents 2 and 3 herein, to pass appropriate orders granting approval of the appointment of the petitioner as Lecturers in the Department of Physics in the 6th respondent/College, with effect from 20.06.2001 onwards, together with all service and other monetary benefits. The respondents 2 and 3 shall endeavour to pass such orders, within a period of four weeks. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are also closed.
01.02.2022 Index:Yes/No Speaking order/Non-speaking order vkr To
1.The University Grants Commission, Rep by its Chairman, Bahadur Sha Zaffar Marg, New Delhi 2.
2.The Government of Tamil Nadu, Rep by its Secretary, Higher Education Department, Fort St. George, Chennai 9.
https://www.mhc.tn.gov.in/judis 5 W.P.No.27019 of 2015
3.The Director of Collegiate Eduation, College Road, Chennai 6.
4.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.
5.The Registrar, Manomaniam Sundaranar University, Abishekapatti, Tirunelveli.
6.The Correspondent, Nesamoney Memorial Christian College, Marthandam and Post, Kanyakumari District.
https://www.mhc.tn.gov.in/judis 6 W.P.No.27019 of 2015 M.S. RAMESH.,J vkr W.P.No.27019 of 2015 and M.P.Nos.1 and 2 of 2015 and C.M.P.No.7585 of 2019 01.02.2022 https://www.mhc.tn.gov.in/judis 7