Dr.P.Asokan v. The Vice Chancellor, Central University of Tamil Nadu, Tiruvarur

IN THE HIGH COURT JUDICATURE AT MADRASDATED : 19.01.2010CORAMTHE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.25728 of 2009 andM.P.Nos.1 and 2 of 2009Dr.P.Asokan...Petitioner Vs.

The Vice Chancellor, Central University of Tamil Nadu, Tiruvarur, C/o Collectrate – Annexe, Tiruvarur – 610 001.

The Chairman, University Grants Commission, New Delhi.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitutionof India praying to issue a Writ of mandamus, forbearing the first respondent from appointing or filling up the post of Registrar(UR) of Central University of Tamil Nadu, Tiruvarur pursuant to the Employment Notification 6.7.2009 without considering the application of the petitioner and issuing interview call letter. For Petitioner : Mr.Thiruvenkataswamy For Respondents : Mr.Ravindran,A.S.G.For R1 Mr.P.R.Gopinathan for R2

O R D E RThe petitioner, presently working as a Principal in Government Arts College at Gudalur had made an application to the post of Registrar of the Central University of Tamil Nadu at Tiruvarur. An advertisement was made in the newspaper calling for applications from the eligible candidates for filling up the post of Registrar. In the notification, it was stated that the University reserves its rights not to fill up the post or invitesuitable/experienced candidates through nominations and other search criteria for the interview.2. In the notification, the post of Registrar required the following as essential qualifications:- https://hcservices.ecourts.gov.in/hcservices/ "a. A Master's degree with at least 55% of the marks orits equivalent grade of B in the UGC seven point scale.b. At least 15 years' of experience as AssistantProfessor in the AGP of Rs.7000/- and above or with 8years' of service in the AGP of Rs.8000/- and above including as Associate Professor along with experience in educational administrationORc. Comparable experience in research establishmentand/or other Institutions of higher education.d. 15 years of administrative experience, of which 8years shall be as Deputy Registrar or an equivalent post. "

In the curriculum vitae supplied in the application sentby the petitioner, it is seen that the petitioner was the Principal in a Government Arts College only from 07.09.2007.Previously, he was only a Reader in Commerce. Therefore, whether the petitioner is having the required experience as mentioned in the application form is doubtful.

In any event, the petitioner, apprehending that he may not be called for interview has come forward to file the present writ petition seeking for a direction not to appoint or fill up the post of Registrar pursuant to the Employment Notification dated06.07.2009 without considering the application of the petitioner and issuing interview call letter.

On notice from this Court, the learned AdditionalSolicitor General took time to file counter. A counter affidavit dated 15.12.2009 on behalf of the Vice Chancellor-first respondent was also filed. In the counter affidavit, it was stated that under Section 44 of the Central Universities Act, 2009, the FirstRegistrar will have to be appointed by the Visitor of the University, who is none other than the Hon'ble President of India. In accordance with the direction issued by the Ministry of HumanResources Development, a Selection Committee was constituted with the first respondent as the Chairman. The mandate for this Commmittee was to only recommend three names that too in an alphabetical order. Of the 54 names including that of the petitioner, the Screening Committee short-listed only 15candidates for the interview and that the interview was also conducted on 14.12.2009. Recommendations of the Committee has been forwarded to the Ministry in a sealed cover for further processing. The UGC guidelines framed in respect of the post of Registrar has been duly adopted by the University and there is no deviation. As has been rightly contended by the respondents, the mandate for the Committee was to recommend only three names thattoo in an alphabetical order for consideration of the Hon'blePresident of India. Therefore, the petitioner has no vested rightin seeking for a direction that his name should be included or he https://hcservices.ecourts.gov.in/hcservices/ should be called for interview by the committee.

In these circumstances, the petitioner cannot file the present writ petition seeking for a direction either to call him for interview or to restrain them from seeking any other name. Ifthe petitioner feels that any person who is appointed to the said post is not having the proper qualification, he can always challenge the same. But he cannot question the procedure adopted by the University in shortlisting the candidates and forwarding the names to the office of the President. In the absence of any vested right on the petitioner, the contention raised by him cannot be countenanced by this Court. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/-Asst. Registrar/True Copy/Sub. Asst. RegistrarTo1.The Vice Chancellor, Central University of Tamil Nadu, Tiruvarur, C/o Collectrate – Annexe, Tiruvarur – 610 001.2.The Chairman, University Grants Commission, New Delhi.+ 1 CC to Mr.S.Thiruvenkataswamy, Advocate, SR.3121W.P.No.25728 of 2009NSM(CO)EM/30.1.10