K.VINOTH KUMA Vs. UNION TERRITORY OF PUDUCHERRY

JUDGEMENT

(1.) THE petitioner, who was working as a Guest Lecturer in the third respondent Pondicherry University Community College, which is a constituent college of the Pondicherry university, has filed the present writ petition seeking for a direction to the 4th respondent University to regularise his services with effect from the date of his initial appointment with all consequential benefits and to count his service and to fix pay of scale in the post of Lecturer by taking into account of his past services rendered by considering his representation dated 09.01.2012.

(2.) IN his representation, dated 09.01.2012, the petitioner claimed that on 15.6.2011, he had applied for the post of Assistant Professor of Biochemistry in the third respondent college and he was the only eligible candidate. He has been working as a resource person in the department of Bio-sciences in the third respondent college from the year 2009 and that he has been teaching subjects both in Biotechnology and Biochemistry. He has taken responsibility of taking undergraduate students of both streams for field trips to various institutions. He belonged to a category of other backward class. He had applied as per the advertisement dated 09.05.2011. But he has not received any communication. He has been exempted by the University Grants Commission from holding NET or SLET certificates. As a Guest Lecturer, he has been paid a very low pay of Rs.14,800/-. Therefore, he requested them to call for the interview based on his application and to give preference in the post applied for. He further demanded to stop any appointment of candidates through backdoor operation.

(3.) IN any event, in the affidavit filed in support of the writ petition, the petitioner placed reliance upon a judgment of the Supreme Court in Karnataka State Private College Stop Gap Lecturers' Association Vs. State of Karnataka reported in AIR 1992 SC 677 and also a judgment of the Supreme Court in State of Karnataka and others Vs. Uma Devi (3) and others reported in 2006 (4) SCC 1 and also a judgment of this court in S.Srinivasan Vs. Union of India and others reported in 2008 Writ L.R. 872.