V KASTHURI Vs. REGISTRAR UNIVERSITY OF MADRAS

JUDGEMENT

(1.) THE second respondent runs Arts and Science College at Gowriwakkam, Chennai, which is affiliated to the first respondent University. THE college is an aided college as far as the courses that are offered during ShiftI, i.e. from 08.30 a.m. to 01.30 p.m. That is, the teaching and non-teaching staff employed in ShiftI are paid salary by the Government. THE second respondent also conduct courses during ShiftII, i.e. from 01.30 p.m. to 06.15 p.m. THE courses conducted in the ShiftII are on self-financing basis. THE second respondent obtained approval from the first respondent for conducting courses both during ShiftI and ShiftII. Without getting approval, the second respondent cannot conduct any course. If the second respondent conducts any course without approval, the students could not be admitted for the examinations conducted by the first respondent-University and the first respondent - University cannot confer degree to those students.

(2.) THE petitioner is a Post Graduate in M.A. Tamil and M.A. Linguistic. She also possesses M.Phil., in Tamil Literature and she is undergoing Ph.D., in Tamil Literature in the first respondent University. According to the petitioner, she was employed as a Guest Lecturer, on hourly basis, at the rate of Rs.100/- per hour from February 2007 in the second respondent college, during Shift I. While so, as her husband contested in the election for the the post of Trustee in the second respondent college and lost the election, the petitioner was denied employment from 17.02.2009.

(3.) IT is stated in the counter affidavit that the petitioner was employed only as a "Guest Lecturer". A Guest Lecturer is not treated as a Lecturer recruited to the service in accordance with the Rules. She is not recruited against a regular vacancy, enabling her to claim benefits for the post. IT is further stated that she gave lectures for 86 hours in the academic year 2007-2008 and she was paid Rs.8600/- as remuneration for the same. In the academic year 2008-2009, she gave lectures for 136 hours and she was paid Rs.13600/- as remuneration. Since there was no workload warranting her employment, she was not asked to give lectures after 17.02.2009 by the Head of the Department of Tamil Department. IT is also stated in para 5 of the counter affidavit that the first respondent University endorsed the action of the second respondent calling for applications through advertisement inviting "Guest Lecturers", as the same is not barred in any statute or law.