K P SRINIVASAN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) PETITIONER challenges the Syndicate Resolution dated 13.1.1999 and Proceedings of the 2nd Respondent in Na.Ka.No.04496/A4/2000 dated 18.5.2000 and disallowing the PETITIONER's salary bill after 18.5.2000 and other directions.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows:- (i) Petitioner was appointed as Lecturer in Computer Science by the 4th Respondent in his College on 12.9.1997. Petitioner has obtained Master Degree in Computer Application First Class in 1993 in Bharathiar University, Coimbatore. At that time there was no condition for imposing NET/SLET. (ii) Petitioner is working continuously as Lecturer in Computer Science in the 4th Respondent College from 12.9.1997 in a permanent vacancy on regular basis and received Government grant as salary from 12.9.1997 to 18.5.2000. (iii) The UGC, New Delhi has issued an order No.F.4-12/86 (NET) dated 19.5.1998 retrospectively to the 3rd Respondent stating that NET/SLET is mandatory for the subject Computer Application w.e.f. 29.11.1995. It has added in the same letter that if the University has already appointed such candidates (i.e. who do not possess NET/SLET qualification accredited by UGC) as Lecturers on permanent basis after 29.11.1995 in Computer Application without prior permission of the UGC, New Delhi the candidates have to clear the NET within two years time from the date of its letter i.e. 19.5.1998, or their services may be terminated. (iv) Third Respondent University considered the letter of UGC and passed resolution on 13.1.1999 making NET/SLET qualification as mandatory for the subjects Computer Application and Electronic Sciences which is challenged in this Writ Petition. (v) Third Respondent communicated the above resolution to the Principals of all Aided Arts and Science Colleges affiliated to its University that the candidates appointed as Lecturers are permanent basis (do not possess NET/SLET) after the dates 29.11.1995 and 13.5.1996 in Computer Application and Electronic Sciences respectively and informed that candidates have to clear NET within two years from the date of UGC letter dated 1`9.5.1998 ( i.e. before 18.5.2000) or their services may be terminated. (vi) 1st Respondent communicated copy of UGC letter F.4/12/86 NET dated 19.5.1998 to the Secretary of all Aided Private Colleges in Tamil Nadu State (including the Secretary, C.B.M. College, Kovaipudur) in Proceedings Mu.Mu.19523/F1/98-2 dated 29.12.1998 and informed that NET/SLET qualification is mandatory for those who were appointed after 29.11.1995 as Lecturer in Computer Science. Petitioner has not acquired NET/SLET qualification till 18.5.2000. In order to implement the order dated 19.5.1998 of UGC and the letter of the University, 1st and 2nd Respondent asked the 4th Respondent College to terminate the services of the Petitioner w.e.f. 19.5.2000 and stop claiming the salary from 19.5.2000 vide letter Na.Ka. 4496/A4/2000 dated 18.5.2000 which is also challenged in this Writ Petition. (vii) Case of the Writ Petitioner is that the act of the University making UGC guidelines retrospectively is illegal and ultra vires its powers and therefore, Petitioner seeks to quash the impugned order of the 3rd Respondent University and the impugned order of the 1st and 2nd Respondents stating to stop claiming the salary from 19.5.2000.

(3.) MR. K. Shakespeare, learned counsel for the Petitioner contended that Petitioner having been appointed, imposing condition as per UGC guidelines making it mandatory to qualify NET/SLET is arbitrary and illegal. Learned counsel for the Petitioner further contended that in any event, Petitioner is now qualified in M.Phil and as per the modified regulations of UGC, the candidates who are qualified in M.Phil are exempted from NET and therefore, the impugned orders are liable to be quashed.