P KASIRAJAN Vs. REGISTRAR PONDICHERRY UNIVERSITY PONDICHERRY

JUDGEMENT

(1.) THIS writ petition has been filed praying for a writ of Certiorari challenging the order of the first respondent, dated 29.12.2005, appointing Dr. G. Govindaraj, Reader, Department of Physics, Pondicherry University, the second respondent herein, as the Co-Ordinator of the Centre for Instrumentation Facility, replacing the petitioner, who was holding the post of the Head of the Department of the University Science Instrumentation Centre, renamed as the Centre for Instrumentation Facility.

(2.) THE petitioner has stated that he holds a B.E. degree in Electrical and Electronic Engineering and an M.E. degree with Specialisation in Instrumentation Systems and Micro Processors. Based on his educational qualifications, he had been selected and appointed as a Technical Officer-II, in the Pondicherry University, in the month of October, 1994. THE University Science Instrumentation Centres had been introduced in the Universities, by the University Grants Commission, with a view to provide sophisticated instruments for teaching and for advanced research in Science and Technology. THE University Grants Commission had given the assistance to the universities to create such centres and it had also issued the necessary guidelines for implementation of the scheme.

(3.) THE learned counsel appearing for the petitioner had also submitted that since, the appointment of the second respondent had been made without reference to the advisory committee of the University Science Instrumentation Centres and the Standing Committee constituted in accordance with the guidelines of the University Grants Commission, the appointment of the second respondent is bad in the eye of law. THE University of Pondicherry cannot act in an authoritarian manner, without following the guidelines of the University Grants Commission. Being a Central University, it is being funded by the University Grants Commission and therefore, the guidelines of the commission would be binding on the University. As such, any appointment made contrary to the guidelines of the University Grants Commission cannot be held to be valid.