D KATHIRAVAN Vs. MANONMANIAM SUNDARANAR UNIVERSITY

JUDGEMENT

(1.) The petitioner has come forward to file the present Writ Petition challenging the order passed by the first respondent Manonmaniam Sundaranar University, dated 12.02.2007. By the impugned order, the University addressed the second respondent College that their proposal sent for verifying the qualification of the petitioner as being suitable for holding the post of Lecturer in the department of Economics was not complied with. It was further informed that the petitioner's M. Phil dissertation was not in the subject relating to Economics. The letter addressed to the Secretary was also marked to the Principal of the College. The petitioner, unmindful of the existence of the letter, filed a Writ Petition before this Court being W.P.(MD)No.1261 of 2007, seeking for a direction to grant approval to the petitioner's qualification to hold the post of Lecturer in Economics in the College by treating the petitioner's M. Phil degree in education as inter-disciplinary. In that Writ Petition, notice of motion was ordered and even by then, the communication of the University came to the knowledge of the petitioner and hence, he had filed the present Writ Petition seeking to challenge the said communication.

(2.) When the Writ Petition came up for admission on 09.03.2007, this Court ordered notice of motion on the Writ Petition and ordered private notices to the respondents. Pending the notice, an order of interim injunction was granted restraining the second respondent from terminating the service of the petitioner. Initially, it was granted for a limited period and subsequently, it was extended. It was, thereafter, the petitioner took out applications for impleading the third respondent one Stalin Kamaraj as well as the fourth respondent University Grants Commission and that applications were ordered by this Court on 27.11.2007 in M.P.(MD)Nos.3 and 5 of 2007. In the application filed in M.P.(MD)No.1 of 2009, seeking for a direction to disburse the salary pending the Writ Petition, no orders have been passed.

(3.) On notice from this Court, on behalf of the second respondent College, a counter-affidavit dated 18.04.2007 was filed. On behalf of the first respondent University, a counter-affidavit dated 30.10.2007 was filed. The impleaded University Grants Commission had also filed a counter-affidavit dated 10.12.2008. The petitioner had also filed an additional affidavit dated 20.06.2008 stating that on the same day of appointment of the petitioner, one Mrs. Juliet Shanthi Jothi was appointed as a Lecturer in the Department of Botany and she had completed her M. Phil only in Life Science inter-disciplinary and in Marghosius College, Nazareth, one Dr. Prem Arasan was appointed as the Lecturer, who has no M. Phil degree and has Ph.D., degree in education. Therefore, the University was making contradictory stand.