Disposed

Dr. C.Thirunavukarasu, v. Periyar University

Madras HC10 Sept 2014WP/22634/2014

Case brief

AI extract

What is this about?

This short order disposed of a writ petition filed by a petitioner selected for the post of Reader in Bio-Chemistry Department. The court directed the respondent university to verify the petitioner's research experience as a Post Doctoral position within 8 weeks and restrain appointing anyone else on that post pending verification.

What did the court decide?

Respondent directed to verify petitioner's research experience within 8 weeks and not appoint anyone as Reader in Bio-Chemistry Department pending verification; petitioner to be appointed if requireme

Dr. C.Thirunavukarasu, Vs Periyar University — Pension and Retirement Benefits | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.09.2014

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CORAM

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THE HONOURABLE MR.JUSTICE R.S. RAMANATHAN

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W.P. No. 22634 of 2014 &

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M.P. No. 1 of 2014

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Dr.C. Thirunavukarasu ..Petitioner

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Vs. Periyar University, rep. By its Registrar, Periyar Palkalai Nagar, Omalur Main Road, Salem 636 011. ..Respondent

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Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Declaration declaring that the notification dated 01.08.2014 bearing Advertisement No. PU/R/D1/2014/06 of the respondent in so far as calling application for the one post of Associate Professor in the Department of BioChemistry as illegal, arbitrary and contrary to law and consequently direct the respondent to fill up the post by appointing the petitioner based on the selection process conducted pursuant to an Advertisement NO. 3/2009 dated 29.04.2009 by the selection committee and based on the approval of the selection of the petitioner in the syndicate committee meeting of the respondent dated 11.12.2009 and pursuant to the Circulation Agenda dated 16.02.2010 bearing No. Pe.Pa/Pa/00360/Pa2/2010.

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The writ petition is filed for issue of a Writ of Declaration declaring that the notification dated 01.08.2014 bearing Advertisement No. PU/R/D1/2014/06 of the respondent in so far as calling application for one post of Associate Professor in the Department of Bio-Chemistry as illegal, arbitrary and contrary to law and consequently direct the respondent to fill up the post by appointing the petitioner based on the selection process conducted pursuant to an Advertisement No. 3/2009 dated 29.04.2009 by the https://hcservices.ecourts.gov.in/hcservices/ selection committee and based on the approval of the selection of the petitioner in the syndicate committee meeting of the respondent

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dated 11.12.2009 and pursuant to the Circulation Agenda dated 16.02.2010 bearing No. Pe.Pa/Pa/00360/Pa2/2010.

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The respondent issued a notification dated 29.04.2009 inviting applications for the post of Reader. The said post has now been re-designated as Assistant Professor. The petitioner applied for the post and he was called for an interview and he also attended the interview on 09.09.2009. In the seventieth meeting of the Syndicate of the respondent University, the Selection Committee approved the selection of the petitioner for the post of Reader in the Department of Bio-Chemistry, subject to the condition of verification of his research experience as Post Doctoral position. Before any order was passed by the respondent, W.P. No. 26675 of 2009 was filed by one Dr.G. Sudha and she obtained an order of injunction restraining the respondent from filling up the post of Reader. Thereafter, the respondent, after verifying the petitioner's Post Doctoral Research, issued a Circulation Agenda dated 16.02.2010 seeking approval of the Syndicate for the appointment of the petitioner as Reader in the Bio-Chemistry Department. Challenging the same, the said Dr.G. Sudha filed a writ petition in W.P. No. 3708 of 2010 and obtained stay of the Circulation Agenda. Consequently, the petitioner's appointment was stalled. The petitioner was not made a party in those writ petitions. Therefore, he filed an application to implead himself and to vacate the interim orders. Subsequently, the said Dr.G. Sudha, the petitioner in W.P. Nos. 26675 of 2009 and 3708 of 2010 withdrew the writ petitions and thus, there was no impediment for the respondent to issue the appointment order to the petitioner. Therefore, the petitioner made a representation dated 26.09.2013 to appoint him on the basis of earlier selection process. But, there was no reply. Per contra, the respondent has now called for applications for the post of Associate Professor in Bio-Chemistry Department for which the petitioner was already selected. Therefore, the present writ petition is filed by the petitioner for the relief aforesaid.

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Mr.Godson Swaminathan, learned counsel for the respondent submitted that though the petitioner was provisionally selected and the Syndicate has also given approval for the selection of the petitioner in the post of Reader in Bio-Chemistry Department, the respondent could not proceed with the process of selection as there was a stay in the writ petition aforementioned. Therefore, the respondent called for fresh applications. It is further submitted that the selection of the petitioner is subject to verification of his Research Experience as Post Doctoral position and after verifying the same, necessary orders would be passed for appointing the petitioner.

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Recording the said submission of the learned counsel for the respondent, the writ petition is disposed of by directing the respondent to complete the process of verifying the Research Experience of the petitioner as Post Doctoral position within a period of 8 weeks and till such time, the respondent is directed https://hcservices.ecourts.gov.in/hcservices/ not to appoint any person as Reader in the Bio-Chemistry Department. The respondent is also directed to issue appointment

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order to the petitioner, if he satisfies the requirement. No costs. Connected M.P. is closed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nv
To
The Registrar,
Periyar University,
Periyar Palkalai Nagar,
Omalur Main Road,
Salem 636 011.
1 cc to Mr.Isaac Mohanlal ,Advocate, SR.No.43536
1 cc to Mr. Balan Haridas ,Advocate, SR.No.43552
W.P. No. 22634 of 2014
aca(co)
pmk.15.9.2014

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https://hcservices.ecourts.gov.in/hcservices/

Dr. C.Thirunavukarasu, v. Periyar University

Case brief

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Dr. C.Thirunavukarasu, v. Periyar University

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