LAWS(MAD)-2008-9-256

M PERIAKARUPPU Vs. STATE OF TAMIL NADU

Decided On September 01, 2008
M. PERIAKARUPPU Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THIS writ petition has been filed challenging the appointment of the third respondent as a Lecturer in the second respondent University, vide order, dated 15.12.2000, and for a consequential direction directing the first and the second respondents to appoint the petitioner in the post of Lecturer in the defence and Strategic Studies Department.

(2.) THE petitioner has stated that the second respondent University had issued a notification, on 7.7.2000, 11.11.2000 and 13.11.2000, inviting applications from the suitable candidates for the recruitment to the post of Lecturer in the various Departments, including the Department of Defence and Strategic Studies. THEre were about 65 posts of lecturers in the various Departments and one post was shown to be vacant in the Department of Defence and Strategic Studies.

(3.) IN the counter affidavit filed on behalf of the second respondent University, it has been stated that in accordance with the University Grants Commission's recommendations, the Government of Tamil Nadu, in G.O.Ms.No.112, Higher Education H-1 Department, dated 24.3.1999, while prescribing the revised scales of pay to the teachers, effective from 1.1.1996, has also prescribed the guidelines for the constitution of the Selection Committees in the University for the Selection of Lecturers, Readers and Professors. As per the guidelines prescribed, the Selection Committee for the selection of Lecturers should consist of the Vice-Chancellor to be the Chairperson of the Selection Committee, 3 experts in the concerned subject, to be invited on the basis of the list recommended by the Vice-Chancellor and approved by the Executive Council/Syndicate, the Dean of the concerned Faculty/Head/Chairperson of the Department and an academician nominated by the Visitor/Chancellor. As per the guidelines, the quorum should be four, out of which atleast two outside subject experts must be present. The said Government Order prescribing the revised scales of pay to the teachers, effective from 1.1.1996, along with the various other recommendations/guidelines, has been adopted and action had also been initiated to bring about the amendments to Statute-7 of Chapter IX of University Calendar Volume-I, with regard to the Constitution of the Selection Committees. Since the said amendment was in the process, the Governor-Chancellor's approval was also obtained for the inclusion of the nominee in the selection committee.