K KARUNAKARAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the first and third respondents especially the first respondent relating to his proceeding made in letter No.11227/E2/98-13 dated 7.1.2002 (affixed signature on 8.1.2003) and quash the same as null and void, illegal and invalid and consequently directing the first respondent to approve the petitioner's appointment as Medical Officer cum Lecturer, appointed at the sixth respondent college in a sanctioned post pursuant to G.O.Ms.No.661 Education Department dated 16.5.1990 with all service and monetary benefits with effect from 21.1.1991 viz., the date of joining service and ordering to disburse to the petitioner the salary arrears from 21.1.1991. The petitioner is an MBBS Degree holder. He was appointed as Doctor-cum-Lecturer in Physical Education Department of the sixth respondent college. The appointment was made subject to the approval of the University and the Deputy Director of Collegiate Education. Only after due advertisement was made in 'The Hindu' daily, he was appointed as Doctor-cum-Lecturer in the said college. The Government of Tamil Nadu agreed to take over the course and bear all the recurring expenditure after five years. The second respondent University Grants Commission refused to approve the appointment of the petitioner on the ground that he did not fulfil the qualification for the post of Lecturer. The second respondent subsequently informed the sixth respondent college that the petitioner might be requested to contact the State Government as the second respondent had not prescribed qualification for the post of Doctor-cum-Lecturer. As the second respondent refused to approve the appointment of the petitioner, the first respondent also washed off its hands saying that his appointment could not be approved and consequently, no grant can be sanctioned by the Government. The aforesaid proceedings of the first respondent is under challenge before this court.

(2.) RESPONDENTS 1, 3 and 4 filed their counter admitting the position that the University Grants Commission originally undertook to meet out the recurring expenditure of the Physical Education, Health Education and Sports courses for five years. The first respondent undertook to take over the recurring expenditure as and when University Grants Commission's assistance came to an end. As the University Grants Commission, which controls all the Universities including the Manonmaniam Sundaranar University, has declared that the petitioner was unqualified to hold the post of Lecturer in Physical Education, Health Education and Sports, the qualification approval orders issued by Manonmaniam Sundaranar University became invalid. The Government of Tamil Nadu has also not admitted the petitioner as approved staff for the release of Government grant for the academic year 1995-1996. The first respondent need not necessarily accept the report submitted by the inspection commission. Inasmuch as the University Grants Commission has not accepted the qualification of the petitioner, no grant was released by the University Grants Commission for the first five years and therefore, the first respondent also could not approve his appointment for the purpose of sanctioning grants to meet the recurring expenditure for the appointment of the petitioner. In view of the above, respondents 1, 3 and 4 pray for dismissal of the writ petition.

(3.) LEARNED counsel appearing for respondents 1, 3 and 4 would submit that the first respondent had not prescribed any qualification for the post of Doctor-cum-Lecturer. The University Grants Commission had already expressed its disapproval of the appointment of the petitioner with such qualification to the post of Doctor-cum-Lecturer. As the University Grants Commission has not approved the appointment on the ground that the petitioner had not fulfilled the required qualification, the first respondent cannot approve the appointment of the petitioner and release the grant as prayed for.