Madras High Court
Dr.D.Elamparuthi vs Annamalai University on 8 June, 2023
W.P.No.1968 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No.1968 of 2019
&
W.M.P.Nos.2189,2191,2192 of 2019
Dr.D.Elamparuthi ... Petitioner
Vs.
1.Annamalai University
rep by its Registrar
Annamalai University
Chidambaram
2.The University Grants Commission
Rep by its Secretary
No.9 Bahadurshah Zafar Marg
New Delhi-110022 ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Certiorarified Mandamus calling for the records of
the 1st respondent in his proceedings in Office Order No.92/2017(c) dated
23.02.2017 quash the same and consequently direct the 1st respondent to
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W.P.No.1968 of 2019
declare that the petitioner has the requisite educational qualification as per
UGC norms to hold the post of Assistant Professor in the Department of
Business Administration and consequently forbear the respondents from in
anyway disturbing the services of the petitioner.
For Petitioner : Mr.N.G.R.Prasad
for
Mr.B.Barathkumar
For Respondents : Mr.R.C.Ramesh, Standing Counsel for R1
Mr.B.Rabu Manohar for R2
ORDER
The Writ Petitioner has approached this Court seeking issuance of a
Writ of a Certiorarified Mandamus calling for the records on the file of the 1 st
respondent in office order No.92/2017(c) dated 23.022017 and quash the
same and consequently direct the 1st respondent to declare that the petitioner
has the requisite educational qualification as per UGC norms to hold the post
Assistant Professor in the Department of Business Administration and
consequently forbear the respondent from in anyway disturbing the services
of the petitioner.
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W.P.No.1968 of 2019
2. The brief facts as set out in the Writ Petition are as follows:
The petitioner ia a Post Graduate in MBA with specialisation in Human
Resource Management. He holds a Doctorate in the area of valuation of
Quality of work life in Chemical Industries. Besides that he also hold a
Master of Philosophy in Business Administration. He was initially appointed
to the post of Lecturer on temporary basis in the Management Wing,
Directorate of Distance Education (shortly known as DDE) Annamalai
University by the 1st respondent vide appointment order No.1156/2006(c)
dated 08.08.2006. The petitioner joined service on the very next day i.e.,
09.08.2006.
3. The petitioner further submits that in the year 2006, an
advertisement was issued by the 1st respondent University calling for the post
of Lecturers. Petitioner applied for the said post, he was called for an
interview by way of a call letter vide proceedings dated 16.03.2007. The UGC
(Minimum qualification) Regulations, 2000 also stipulates the minimum
qualification for the post of Professors, Principals etc. UGC Regulations, 2000
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W.P.No.1968 of 2019
stipulates that National Level Eligibility Test (NET) conducted by it or such
other National level Higher Educational Regulatory Bodies like Council for
Scientific and Industrial Research (CSIR) is an essential qualification for
appointment to the said post. The UGC Regulations, 2000 however,
according to the petitioner, exempts NET for the post of Professor, Principals,
Readers and Lecturers in the subjects of Fine Arts, Management etc., The
petitioner being a Post Graduate in MBA, comes under 'Management' as set
out in the UGC Regulations, 2000. The petitioner was appointed a Lecturer in
the Management Wing on 19.04.2007. The petitioner registered for M.Phil
degree for the academic year 2006 to 2007 on 27.12.2006 and got permission
from the University to pursue the same and he also completed M.Phil degree
in March 2009. The services of the petitioner came to be confirmed by the 1 st
respondent on 18.12.2008. Subsequently, vide proceedings dated 03.07.2017,
due to the merger of the teaching staff of the DDE with respective regular on
campus department, the petitioner was relieved from the Management Wing,
DDE to enable him to join duty in the Department of Business
Administration. While matters stood thus, the petitioner was shocked to
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W.P.No.1968 of 2019
receive a show cause notice on 23.02.2017, which is impugned in the present
Writ Petition. According to the said show cause notice the petitioner was not
qualified to hold the post as both the minimum qualifications prescribed were
not fulfilled or met by the petitioner. The petitioner submitted his explanation
to the said show cause notice on 20.04.2018. Thereafter, the petitioner has
approached this Court seeking to quash the said show cause notice.
4. Heard Mr.N.G.R.Prasad for Mr.B.Barathkumar, learned counsel
appearing for the petitioner and Mr.R.C.Ramesh, Standing Counsel for the 1st
respondent (Annamalai University) and Mr.B.Rabu Manohar, learned counsel
appearing for the 2nd respondent.
5. The 1st respondent has filed a counter stating that the petitioner has
already given his explanation to the show cause notice and that the University
is yet to take a decision. The counsel for the 1 st respondent submits that the
Writ Petition is premature and the University would shortly take a final
decision taking into account the explanation offered by the Writ Petitioner.
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W.P.No.1968 of 2019
6. Per contra, learned counsel for the petitioner submits that though it
is only a show cause notice, despite having given his explanation he was
under the threat of termination and therefore he was constrained to approach
this Court and this Court has also granted an interim stay at the time of the
Writ Petition being moved. Learned counsel also relied on the judgment of the
Hon'ble Supreme Court reported in (2013) 8 SCC 271, Association of
Management of Private Colleges Vs. All India Council for Technical
Education and Others, the Hon'ble Supreme Court discussed the definition of
Technical Education under Sec. 2(g) of the AICTE Act, 1987 with reference
to MBA course and held that MBA course is is not a technical course within
the definition of AICTE Act. In another pronouncement reported in the case
of University of Kerala and Ors etc., Vs. Merlin J.N and Anr etc., reported
in 2022 13 SCR 323, the Hon'ble Supreme Court held as follows:
“26. The logic pervading all the versions
of the UGCR from 1993-2018 (as discussed above)
to exempt M. Phil. / Ph.D. holders from qualifying
in the NET was perhaps premised on the
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W.P.No.1968 of 2019
understanding that such a doctorate in one's
chosen subject, involving years of study, would
render a greater understanding of the subject
compared to most other candidates taking the
NET who have only obtained a Master's degree.
Such qualification (M. Phil. or Ph. D.) is
undoubtedly awarded for a proven proficiency of
the candidate in the concerned subject or
discipline. This is apparent from the minimum
qualification requirements of different positions
as well - for e.g., while a Master's degree is
sufficient for application to the post of Assistant
Professor, a Ph.D. is required for applying to the
post of Associate Professor onwards.27 To
interpret the 2018 UGCR prospectively would
imply that a pre-2009 Ph.D. holder's
appointment would be rendered illegal, and after
having taught for several years, he/she would
lose his/her seniority and all accrued benefits
and would now have to take the NET in order to
teach - which is clearly unwarranted. This court
therefore, holds that Dr. Jayakumar's
appointment is protected by the 2016 UGCR,
which is applicable retrospectively.”
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W.P.No.1968 of 2019
Applying the ratio laid down by the Hon'ble Supreme Court to the facts
of the present case, this Court finds that the petitioner herein has finished his
M.Phil in March 2009. Admittedly, he also belongs to Schedule Caste
community. Even in the counter these facts are not disputed. However, f from
a perusal of show cause notice, it is seen that two issues have been put against
the Writ Petitioner. One, he has not obtained the minimum marks of 55% for
being eligible and two, he has also not cleared NET. In so far as the issue of
minimum percentage of marks, even the show cause notice clearly stipulates
that “ A relaxation of 5% may be provided, from 55% to 50% of the marks, at
the Master Level for the SC/ST categories”.
7. When the respondents do not deny the fact that the petitioner
belongs to SC community, there can be no second opinion that the marks
secured by the petitioner would certainly qualify for his appointment.
Admittedly, he has obtained 52.5% and as against the required 50% for
candidates belonging to the SC community.
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W.P.No.1968 of 2019
8. With regard to the condition requiring qualification in NET, the
answer is given by the Hon'ble Supreme Court and the petitioner having
completed his M.Phil well before the cut off date viz., December 2009 would
be squarely covered and he cannot be compelled or required to pass NET to
continue his services as an Assistant Professor. Normally, Courts are slow in
interfereing with show cause notices. However, in this case, requiring the
petitioner to go back and appear before the authorities is only going to be an
empty formality when the facts are clearly borne out and admitted on the side
of the petitioner as well as the respondents. Further, this Court is unable to
appreciate the stand of the respondents in contending that they will pass final
order after considering the explanation offered by the petitioner. The show
cause notice was issued on 23.02.2017 and the petitioner submitted his
explanation on 20.04.2018 itself. This Writ Petition was filed on 23.01.2019
and an interim order was also granted. The respondents never took any
earnest steps to proceed in furtherance of the show cause notice and
explanation offered by the petitioner as early as in April 2018. For all the
reasons, this Court is inclined to allow the Writ Petition as prayed for. No
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W.P.No.1968 of 2019
costs. Consequently, connected Writ Miscellaneous Petitions are closed.
08.06.2023.
Internet:Yes
Index:Yes/No
kpr
To
1.The Registrar
Annamalai University
Chidambaram
2.The Secretary
University Grants Commission
No.9 Bahadurshah Zafar Marg
New Delhi-110022
P.B.BALAJI, J.,
kpr
https://www.mhc.tn.gov.in/judis
W.P.No.1968 of 2019
W.P.No.1968 of 2019
&
W.M.P.Nos.2189,2191,2192 of 2019
08.06.2023
https://www.mhc.tn.gov.in/judis
