The petitioner, a Computer Programmer, sought a writ to be treated as a Lecturer to avail teaching benefits. The High Court observed that while his pay scale matched, he lacked the minimum qualifications prescribed by the Board of Governors for Lecturer posts and thus could not claim the status.
None granted; writ petition dismissed as devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.12.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Writ Petition No.278 of 2003
V.Murugesh ..Petitioner
-Versus-
Fort St. George, Chennai-600 009.
University Grants Commission
All India Council for Technical Education
Petition filed under Section 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling of the records of the impugned proceedings No.L.Dis.No.03558/A2/2002 dated 28.10.2002 on the file of the fifth respondent quash the same as null and void and consequently directing the fifth respondent to treat the petitioner as par with that of a Lecturer, under teaching category by sanctioning AICTE Pay Scales, applying Career Advancement Scheme, Leave / Vacation rules, Quarter allotments and all other consequential benefits as is be applicable to that of Lecturer a teaching post.
For Petitioner : Mr.V.J.Arul Raj For R5 : Mr.Sri Balaji J.Maria Roseline
ORDER
This writ petition has been filed to call for the records of the impugned proceedings No.L.Dis.No.03558/A2/2002 dated 28.10.2002 on the file of the 5th respondent, quash the same as null and void and consequently, direct the fifth respondent to treat the petitioner at par with that of a Lecturer, under teaching category by sanctioning AICTE Pay Scales, applying Career Advancement Scheme, Leave / Vacation rules, Quarter allotments and all other consequential benefits as is applicable to that of Lecturer, a teaching post.
teaching. As regards computer programmer, the educational qualification is first class in MCA or first class in BE (Computer Science) or (Electronics). Therefore, she contended that the petitioner does not have the minimum qualification viz., Post graduation in Engineering as required by the rules to be treated as a Lecturer.
In the result, this writ petition is dismissed as being devoid of merits. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
mk
To
1. The Secretary
Union of India Government,
Department of Secondary Educational and Higher Education,
Ministry of Human Resources Developments
Government of India, New Delhi - 100 001.
2. The Secretary to the Government
The State of Tamil Nadu
Higher Education Department
Fort St. George, Chennai-600 009.
3. The Chairman
University Grants Commission
Bahadur Shah Zafar Marg,
New Delhi - 110 002.
4. The Chairman
All India Council for Technical Education
I.G. Sports Complex, I.P.Estate,
New Delhi - 110 002.
5. The Member Secretary
Board of Governors cum Principal
R.E.C., Trichy.
1 CC TO M/S.V.J.Arul Raj, Advocate, (SR.No.73718)
W.P.No.278 of 2003
CP(CO)
PMK.27.1.2017
2 issues framed by the court
Whether a Computer Programmer without the requisite post-graduate engineering qualification can be treated as a Lecturer entitled to teaching benefits like the Career Advancement Scheme.
Whether the court has authority to confer Lecturer status absent statutory or rule-based qualifications.
1 provisions across 1 enactments
V. Murugesh
Union of India
State of Tamil Nadu
University Grants Commission
All India Council for Technical Education
Board of Governors cum Principal R.E.C., Trichy
Justice P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
