A SAFIULLAH Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THE petitioner has come forward to challenge the order of the third respondent dated 04.02.2009 and seeks to set aside the same with a further direction to appoint him as Lecturer in Chemistry from the date of his original appointment.

(2.) BY the impugned order, the third respondent informed the petitioner that since he never reported for work within three days pursuant to the earlier order dated 15.10.2008, it was presumed that he had unauthorisedly absented himself and it was also found that he had gone out of the country without permission of the Management and therefore, his services were terminated with effect from 02.02.2009.

(3.) IT is the case of the petitioner that he was appointed as a Full time Lecturer in Bio-Chemistry as a Management Staff in the evening college run by the third respondent on 01.08.1995. IT is admitted that the third respondent is a Private College within the meaning of Section 2(8) of the Tamil Nadu Private Colleges (Regulation) Act, 1976. IT is also a minority college having protection under Section 30(1) of the Constitution of India. The petitioner was paid a consolidated salary out of the funds of the Management. During the year June 2002, B.Sc. Biochemistry course started by the college was closed down. In view of the closure of the course in the evening college, the petitioner was given an appointment as a part time Lecturer in Biochemistry with effect from 21.07.2002. He was also treated as a staff appointed by the Management and not covered by the grant-in-aid scheme extended by the State Government. He was directed to teach Allied subject of Biochemistry for the regular college students. The petitioner was also given full time Lecturer ship, but paid on consolidated pay and was treated as Management staff. When approval for qualification was sent in terms of Section 15 of the Act, the University of Madras by proceedings dated 13.07.2005 approved that he was qualified to teach Allied Chemistry/Ancillary Chemistry for Under Graduate Degree Course. The Director of Collegiate Education viz., the first respondent also informed the third respondent college that as per the workload and on the basis of UGC norms, the Colleges were entitled to have three Lecturers in the Department of Chemistry. The petitioner was given an order of appointment, dated 26.07.2006 appointing him as a Lecturer in Chemistry (U.G.) Course. In that order itself, it was indicated that the appointment was made against one of the posts sanctioned by the Director of Collegiate Education dated 19.07.2006, but it was subject to approval by the University of Madras and the Director of Collegiate Education. IT was further indicated that the Management was entitled to terminate his services by giving three months' notice. But when the matter was sent to the first respondent Directorate of Collegiate Education, the college was informed that since the petitioner had got M.Sc Degree as well as Ph.D in Biochemistry, he cannot be appointed as a Lecturer in Chemistry and his appointment was irregular. Therefore, the Management was directed to rectify the irregularity in the appointment.