T PADMANABAN Vs. TAMIL UNIVERSITY THANJAVUR

JUDGEMENT

(1.) THE petitioner is one and the same in both the writ petitions. In W.P.No. 15872 of 1999, the petitioner has challenged the resolution of the respondent University made in No.99.56, dated 7.9.99 re-designating the petitioner as Librarian. In W.P.No.24752 of 2001, the petitioner has challenged the orders of the respondent University dated 31.10.2001 as revised in subsequent order dated 1.11.2001 in relieving the petitioner from the post of Librarian on attaining the age of superannuation at 58. Since the issues involved in both the writ petitions are identical, both the writ petitions are taken up together for common disposal.

(2.) THE petitioner was appointed in the respondent University on 25.2.82 as Deputy Director of Documentation and Library Service and was promoted as Director of Documentation and Library Service by subsequent order dated 3.6.86. According to the petitioner, the post of Director of Documentation and Library Service namely Librarian is 'teacher'and as such, the petitioner is entitled to continue in service till the age of 60 as per Statute IX of Chapter XXVI of the Statutes of the University. Hence, both the impugned orders treating the petitioner as non-academic staff are unsustainable.

(3.) BEFORE considering the provisions of statutes, it would be also relevant to note the objects of the University as defined under Section 4 of the Act, more particularly, Section 4(9) which provides that the object of the University is to provide for research and determine the procedures regarding development of Tamil language and literature embodying in itself all the educational fields existing in the developing world and evolving suitable approach therefor. Under Section 4-A(1) of the Act, the University is empowered to institute degrees, titles, diploma and other academic distinctions. Under Section 4-A(2) of the Act, the University is empowered to confer degrees, titles, diploma and other academic distinctions. Under Section 4-A(7) of the Act, the University is empowered to establish and maintain University libraries, research stations, museums for research and publication bureau. Under Section 30 of the Act, the University is empowered to make statutes in respect of matters including the classification, the method of appointment and determination of the terms and conditions of service of teachers and other persons employed by the University. Section 34 refers to conditions of service and Section 34-A may be more relevant for the disposal of the writ petitions and the same is extracted as under: - '.34-A. Selection Committees.-(1) There shall be Selection Committees for making recommendations to the Syndicate for appointment to the posts of Professor, Associate Professor, Reader, Lecturer, Researcher, Assistant Professor and Librarian of institutions maintained by the University. (2) The Selection Committees for appointment to the posts specified in column (1) of the Table below shall consist of the Vice-Chancellor, a nominee of the Chancellor, a nominee of the Government and the persons specified in the corresponding entry in column(2) of the said Table and in the case of appointment of a Professor, Associate Professor, Reader, Lecturer, Researcher or Assistant Professor in a department, where there is no head of the Department, shall also consist of a person nominated by the Syndicate from among its members:- The Table Professor, Associate Professor or Reader Lecturer, Researcher or Assistant Professor Librarian (i) Two persons not in the service of the University who have special knowledge of the subject of Library Science or Library Administration to be nominated by the Syndicate. (ii) One person, not in the service of the University, nominated by the Syndicate 'A reading of the above provisions clearly reveal that The Tamil University was established more or less on the same object, powers etc., as held by other Universities in the State of Tamil Nadu.