S SUBRAMANIAN Vs. UNIVERSITY OF MADRAS

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking to challenge a communication, dated 3.4.2009 issued by the Registrar In-charge of the first respondent University. The petitioner sought for an information under the Right To Information Act and when the information was not furnished by the Public Information Officer, he filed an appeal to the appellate authority. The appellate authority by the impugned communication informed the petitioner that the post of Professor in Medical Biochemistry was not a reserved post. The petitioner was considered not eligible as he did not have 10 years teaching / research experience. Challenging the said communication, the petitioner has filed the present writ petition.

(2.) THE writ petition was admitted on 17.4.2009. Pending the writ petition, this court had granted an interim stay of all further proceedings. A notification was published by the University in The Hindu newspaper, dated 11.7.2008 insofar as it seeks to make recruitment to the post of Professor in the department of Medical Biochemistry under the first respondent University including finalization or approval or selection of wait listed candidates by the Syndicate. Though the interim order was granted as early as April, 2009, the first respondent University for reasons best known did not take any steps to vacate the interim order nor came up with any counter affidavit. It is only after the matter was listed for hearing, the counter affidavit, dated 10.09.2011 was filed on behalf of the respondents.

(3.) THE first respondent University had published a notification on 11.7.2008 calling for applications for various posts of Professors, Readers and Lecturers in various departments. In the department of Medical Biochemistry, one post of Professor under unreserved category was sought to be filled up. It is stated that the scale of pay and qualification will be as per the UGC norms. The general instructions supplied along with the application form stated the qualification for the post of Professor, which reads as follows: