Full Judgment
BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED :
17. 11.2014 CORAM THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition(MD)No.19824 of 2013 and M.P(MD)No.1 of 2013 Dr.M.Mumtaj ... Petitioner Vs. 1) The Director of Collegiate Education, College Road, Chennai. 2) The Joint Director of Collegiate Education, Madurai. 3) The Registrar, Madurai Kamaraj University, Madurai. 4) The Registrar, Wakf Board College, K.K. Nagar, Madurai-20. 5) The Secretary, Wakf Board College, K.K.Nagar, Madurai-20 (Having Registered Office at No.1 Jaffar Cross Street, Vallai Seethakathi Nagar, Chennai-1. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to Ref:CDC-2/Edn.Qul./MSSWB/2013-14 dated 21.11.2013 on the file of the 3rd respondent and consequential order passed by the 5th respondent in his proceedings PRO No.TS/WBC/RO/ZOOLOGY/2013 dated 28.11.2013 and quash the same and direct the 3rd respondent to give educational qualification approval for the post of lecturership from 28.02.2011 to the petitioner. !For Petitioner : Mr.S.Meenakshi Sundaram For R1 & R2 : Mr.M.Murugan For R3 : Mr.R.M.Mahesh Kumaravel For R4 & R5 : Mr.K.K.Senthil :ORDER
This writ petition has been filed by Dr.M.Mumtaj challenging the impugned order dated 21.11.2013 passed by the Registrar, Madurai Kamaraj University/3rd respondent and also the consequential order dated 28.11.2013 passed by the Secretary, Wakf Board, Madurai/5th respondent to quash the same with a direction to the 3rd respondent to give educational qualification approval to the petitioner for the post of lecturership from 28.02.2011.
2. When the matter is taken up for hearing, Mr.R.M.Mahesh Kumaravel learned counsel for the 3rd respondent University fairly submitted that so far as the second part of the prayer namely, directing the 3rd respondent to give educational qualification approval to the petitioner for the post of lecturership from 28.02.2011, it has become infructuous since the 3rd respondent University has granted educational qualification approval to the petitioner for the post of Lectureship from the date of her possession of Ph.D., on 17.09.2012, although her appointment was made under appointment order dated 28.02.2011.
3. Mr.S.Meenakshi Sundaram, learned counsel for the petitioner after briefly explaining the case of the petitioner that she was appointed on 24.12.2001 as a Teaching Assistant in the 4th respondent college with the qualification of M.Sc Zoology obtained in 1989 and M.Phil degree in 1990 on a honorary basis from 24.12.2001 till 31.08.2004 for a period of 32 months and one week, she was appointed as a Teaching Assistant on a consolidated pay of Rs.3,000/- from 01.09.2004.
4. Adding further, he submitted that when the selection process took place to fill up nine vacancies in the 4th respondent college, the petitioner who was working as a Teaching Assistant in Zoology in the 4th respondent college also took part in the interview, but except the petitioner, eight others were appointed however, the appointment order of the petitioner was issued only on 28.02.2011, by which, the petitioner was appointed as a Lecturer in Zoology in a permanent post sanctioned by the Director of Collegiate Education. She has also completed Ph.D in Zoology on 17.09.2012 and her probation was fixed as two years, but the Secretary of the 4th respondent college had not forwarded the necessary papers for getting qualification approval to the petitioner from the 3rd respondent University even after 28.02.2011 therefore, the petitioner was working without salary for two years.
5. In view of non receipt of salary, the petitioner came to this Court by filing W.P.No.3227/2013 and this Court by order dated 17.07.2013 considering the grievance of the petitioner that she has not been paid regular salary for the past 24 months in spite of her appointment was made in a sanctioned post in Wakf Board College, Madurai, directed the Registrar, Madurai Kamaraj University, to approve her qualification on receipt of a communication from the Secretary of Wakf Board College, Madurai, with further direction against whom to send a proposal to the Joint Director of Collegiate Education, Madurai. In deference to the order passed by this Court, the 3rd respondent University has granted qualification approval to the petitioner under a communication dated 21.11.2013 with effect from 17.09.2012 on which date the petitioner has acquired Ph.D qualification, yet the 5th respondent after receiving the communication regarding the qualification approval from the 3rd respondent, passed an order dated 28.11.2013 stating that the appointment of the petitioner is illegal therefore, the approach adopted by the respondents 4 and 5, he pleaded, cannot be allowed to stand.
6. Learned counsel for the petitioner further submitted that even as per the University Grants Commission's Regulations prescribed by the University Grants Commission, the petitioner has acquired the minimum qualification required for appointment and career advancement of teachers in Universities and Institutions Affiliated to it (1st Amendment) Regulations 2002. As per the said Regulations, even though NET has been made as a compulsory requirement for appointment of Lecturer even for candidate having Ph.D degree, but the candidate who has completed M.Phil degree on or before 30.12.1993 is exempted from appearing NET or SLET examinations. Considering the fact that the petitioner has been working from 2001 and regularly appointed through the selection process on 05.12.2007, the 3rd respondent University issued the qualification approval and even on the date of issuance of the qualification approval the petitioner had acquired not only M.Phil but also Ph.D degree on 17.09.2012 further, when the 5th respondent had appointed eight lecturers in various departments on 31.01.2010, except three persons, five of the other candidates had got only M.Phil degree therefore, when five appointments were made on the basis of M.Phil degree qualification, the 5th respondent cannot resist the qualification approval order issued by the 3rd respondent.
7. Mr.K.K.Senthil, learned counsel for the respondents 4 and 5 would submit that although the petitioner claimed to have joined the service of the 4th respondent college as a Teaching Assistant on 24.12.200, she was appointed only on 28.02.2011 as a Lecturer in Zoology in a permanent post sanctioned by the Director of Collegiate Education and thereafter joined duty only on 24.03.2011 therefore, on the date of appointment, the petitioner should have possessed the requisite qualification prescribed by the University Grants Commission. Admittedly, on the date of appointment and joining namely, on 28.02.2011 and 24.03.2011 respectively, the petitioner has neither acquired Ph.D nor passed NET and admittedly it is not in dispute that the petitioner has acquired Ph.D on 17.09.2012 therefore, the 3rd respondent University cannot even give the qualification approval when she was not even possessing the requisite qualification as prescribed by the University Grants Commission.
8. But this Court is unable to agree with the objection raised by the learned counsel for the respondents 4 and 5 for more than one reasons. The petitioner has acquired M.Sc Zoology First Class in the year 1989, she completed M.Phil in the year 1990, with this qualification, she joined the 4th respondent college as a Teaching Assistant on 24.12.2001. When she was in continuous service upto 31.08.2004, she has been regularly appointed on a consolidated pay of Rs.3,000/- from 01.09.2004. Thereafter, with the qualification of M.Sc Zoology, M.Phil degree, the petitioner was found eligible therefore, she was appointed as a Lecturer in Zoology by the appointment order dated 28.02.2011 in a permanent post sanctioned by the Director of Collegiate Education, subsequently the petitioner also acquired Ph.D qualification on 17.09.2012, in the meanwhile, when she was not being paid with the salary she came to this Court by filing W.P.No.3827 of 2013 and this Court by a detailed order dated 17.07.2013 directed the respondents 4 and 5 to forward the papers to the 3rd respondent University and after receipt of the same, the University was also directed to consider and pass orders with regard to the grant of qualification approval. The 3rd respondent University who is the competent authority to consider the qualification approval of the petitioner in its order dated 21.11.2013 has granted the qualification approval with effect from 17.09.2012 stating that the petitioner has acquired Ph.D degree on 17.09.2012. When the 3rd respondent University has accepted the case of the petitioner only from the date of possession of her Ph.D degree on 17.09.2012 even though she was appointed by the respondents 4 and 5 on 28.02.2011, this Court finds that the impugned order dated 21.11.2013 passed by the Registrar, Madurai Kamaraj University/3rd respondent and also the consequential order dated 28.11.2013 passed by the Secretary, Wakf Board, Madurai/5th respondent are liable to be set aside, accordingly the same is set aside.
9. Besides, the petitioner has been working as a Teaching Assistant from 24.12.2001 and became regular appointee on a consolidated pay of Rs.3,000/- on 01.09.2004. Further, with acquisition of M.Phil degree she was appointed as a Lecturer in Zoology on 28.02.2011 in a permanent vacancy sanctioned by the Director of Collegiate Education and finally acquired the Ph.D also on 17.09.2012. With all these qualifications, since the 3rd respondent University has given the qualification approval to the petitioner for the post of Lecturership from 17.09.2012, the 2nd respondent is directed to disburse the salary along with arrears of pay. Respondents 4 and 5 are directed to forward all the necessary papers to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order, on receipt of all such testimonials of the petitioner, the 2nd respondent is hereby directed to ensure payment of salary of the petitioner along with arrears from 17.09.2012 within a period of four weeks thereafter. With the above directions, the writ petition is disposed of. Consequently, M.P(MD)No.1 of 2013 is closed. No costs. 17.11.2014 NB2 To 1) The Director of Collegiate Education, College Road, Chennai. 2) The Joint Director of Collegiate Education, Madurai. 3) The Registrar, Madurai Kamaraj University, Madurai. 4) The Registrar, Wakf Board College, K.K. Nagar, Madurai-20. 5) The Secretary, Wakf Board College, K.K.Nagar, Madurai-20 (Having Registered Office at No.1 Jaffar Cross Street, Vallai Seethakathi Nagar, Chennai-1. T.RAJA, J.
NB2 W.P(MD)No.19824 of 2013 17.11.2014