Madras High Court
Dr.R.Prabhakaran vs The Registrar on 9 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.15617 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.15617 of 2022
and W.M.P.Nos.14831, 14832 & 14833 of 2022
Dr.R.Prabhakaran ... Petitioner
-Vs-
1. The Registrar,
Bharathiar University,
Coimbatore – 641 046.
2. The Audit Coordinator,
Registrar's Office,
Bharathiar University,
Coimbatore – 641 046.
3. The Assistant Director,
Local Fund Audit,
Bharathiar University,
Coimbatore – 641 046 ... Respondents
Prayer: Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, to call for the records of the third
respondent in his proceedings dated 24.04.2021 (Audit Slip No.39 for the
year 2019-20) communicated by the first respondent to the petitioner and
to quash the same as being illegal and unsustainable in law.
For Petitioner : Ms.Kavitha Rameshwar
https://www.mhc.tn.gov.in/judis
Page 1 of 8
W.P.No.15617 of 2022
For Respondents : Mr.K.Shakespeare
Standing Counsel
ORDER
This writ petition has been filed challenging the proceedings
issued by the third respondent dated 24.04.2021, thereby revised the pay
scale and refix the same and also ordered to recover the excess payment
from the petitioner.
2. The petitioner has been appointed as an Assistant Professor
in the department of Chemistry in the first respondent university on
28.02.2011. His service was regularized on 13.04.2015 from the date of
joining. His probation was also declared on 16.12.2016 from 27.02.2013.
The respondent university had called for applications under the Career
Advancement Scheme (hereinafter called as “CAS”) and the petitioner
made application for promotion from Stage-I to Stage-II as an Assistant
Professor. Accordingly, the first respondent promoted the petitioner from
Assistant Professor Stage-I to Stage-II with effect from 28.02.2015 in the
pay band of Rs.15600-39100 with AGP of Rs.7000/-.
3. As per the CAS norms, the petitioner is eligible for counting
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of past services as Post-Doctoral Researcher at Chung-Ang University,
Korea during the period of March 2008 to December 2008. It is also to be
counted for the purpose of promotion under CAS. He had also completed
one orientation course that was held from 20.11.2012 to 17.12.2012 and
one refresher course from 15.07.2016 to 04.08.2016 as required under
the norms. He was given promotion with effect from 28.02.2015 by an
order dated 30.04.2018. However, the counting of his past service has not
been carried out and his promotion was not revised from 28.02.2013.
4. The third respondent had raised an audit objection by way of
Audit Slip dated 24.04.2021 and the petitioner was called upon to reply.
The petitioner submitted detailed reply dated 12.08.2021 to the first
respondent. In pursuant to the circular issued by the first respondent
dated 09.07.2021, called for application from eligible faculty members
for promotion under UGC-CAS. The petitioner submitted his application
for his promotion from Assistant Professor Stage II to Stage III along with
necessary documents. However, it was not considered. In respect of his
reply to audit slip forwarded by the first respondent, it is pending. Once
again, the first respondent communicated the same by the letter dated
02.02.2022. Though the petitioner made several representation to the
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audit objection raised by the third respondent, it was not considered. The
requirement for orientation and refresher court for promotion due under
the CAS shall not be mandatory upto 31.12.2018. However, the audit slip
is still pending and kept alive.
5. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
6. The learned counsel appearing for the petitioner relied upon
the order passed this Court in W.P.No.20558 of 2018 dated 15.06.2022
in the case of Dr.A.Balamurugan Vs. The Barathiar University, as
follows:-
“15. Now the controversy is in a very narrow compass,
and the issue to be decided is as to whether the petitioner is
entitled to get promotion to the post of Assistant Professor
Stage-II with effect from 07.03.2013 or from 14.06.2014.
16. The only hurdle for the petitioner to get such
promotion from 07.03.2013 instead of 14.06.2014 is that, the
petitioner completed the refresher course only on 13.06.2016,
which was one of the essential qualification as per the 2010
Regulations.
17. However, the 2018 UGC Regulations made it clear
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that till 31.12.2018 the requirement of orientation and
refresher course shall not be treated as mandatory one, and
thereby that can be dispensed with. Therefore, based on the
requirement of refresher course or orientation course the
promotion need not be delayed to any incumbent like the
petitioner in view of the 2018 UGC Regulations, which has in
fact been adopted by the State Government in G.O.Ms.No.5
dated 11.01.2021. Therefore, the benefit of the UGC
Regulations 2018 followed by the Rule of the State
Government, which adopted the 2018 Regulations can very
well be extended to the petitioner. If that being so, the
petitioner would be entitled to hold the post of Assistant
Professor Stage II with effect from 07.03.2013 instead of
14.06.2014. Therefore, this Court feels that the impugned
order can be interfered with to that extent.
18. In the result, the following orders are passed in this
writ petition.
* That the impugned order giving promotion to the
petitioner to the post of Assistant Professor Stage II to the
extent 'with effect from 14.06.2014' is hereby set aside.
* As a sequel, there shall be a direction to the
respondent University to confer such promotion to the
petitioner ie., Assistant Professor Stage II with effect from
07.03.2013 and accordingly the consequential service
benefits also can be conferred on the petitioner.
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* The needful as indicated above shall be undertaken
by the respondent University within a period of eight weeks
from the date of receipt of a copy of this order.”
Thus, it is clear that till 31.12.2018, the requirement of orientation and
refresher course shall not be treated as mandatory one and it can be
dispensed with.
7. Further the Hon'ble Division Bench of this Court in the
judgment dated 20.10.2023 passed in W.A.No.224 of 2023 etc., batch in
the case of Dr.R.Prabhakaran Vs. The Registrar, Bharathiar
University and ors., held that even if the State government is a body that
funds the university, the State government cannot under the guise of
auditing the accounts of the university, interfere with the internal
administration of the university, which power of the university includes
the power to make appointments as well as further promotions.
Therefore, the third respondent completely ignored the factual
background as well as the circumstances in which the petitioner claims to
be appointed as Assistant Professors in the respondent university under
the UGC plan and more importantly, that it was beyond their power as
well as jurisdiction under the Tamil Nadu Local Fund Audit Act, 2014 as
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well as under the Bharathiar University Act, 1981, to have raised
objections with regard to the validity of the appointments made under the
UGC XI Plan. Further the UGC regulations of the year 2018 have also
been adopted by the Government in G.O.Ms.No.5 Higher Education
Department, dated 11.01.2021, wherein it has be reiterated the
requirement of orientation and refresher course for promotion due under
the CAS shall not be mandatory upto 31.12.2018. Hence, the impugned
proceedings shall not be sustained and liable to be quashed.
8. Accordingly, the impugned proceedings dated 24.04.2021,
viz., Audit Slip No.39 for the year 2019-20, passed by the third
respondent, is hereby quashed and the Writ Petition stands allowed.
Consequently, connected miscellaneous petitions are closed. There shall
be no orders as to costs.
09.01.2024
(1/3)
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN. J,
rts
To
1. The Registrar,
Bharathiar University,
Coimbatore – 641 046.
2. The Audit Coordinator,
Registrar's Office,
Bharathiar University,
Coimbatore – 641 046.
3. The Assistant Director,
Local Fund Audit,
Bharathiar University,
Coimbatore – 641 046
W.P.No.15617 of 2022 and
W.M.P.Nos.14831, 14832 & 14833 of 2022
09.01.2024
(1/3)
https://www.mhc.tn.gov.in/judis
