Anna university teachers appointment case W.A.Nos.2025 to 2028 of 2019 SURESH KUMAR, J. AND K.KUMARESH BABU, J. (Order of the Court was made by R.SURESH KUMAR, J.)
W.A.Nos.2025 to 2028 of 2019
- SURESH KUMAR, J. AND K.KUMARESH BABU, J.
- (Order of the Court was made by R.SURESH KUMAR, J.)
On 15.09.2023, we passed a detailed interim order after tracing the past history of this issue, which in fact has a checkered history. We have raised certain queries in Paragraphs 24 and 25, and in Paragraphs 26 and 27, we directed the University to file a status report in response
to the said queries raised by this Court.
- In response to the said order dated 15.09.2023, on 27.09.2023 a typed set of documents alone has been filed on behalf of the
respondent University. Based on those documents, the learned Standing Counsel for the University wants to go ahead with the case.
- We are not satisfied with the documents, unless and until the queries raised by this Court is answered by the University, ie., the Registrar of the University. Even according to the documents that have been produced before us, as explained by the learned Standing Counsel, as per the AICTE norms there must be 1745 teaching faculties in the three categories viz., Assistant Professor, Associate Professor and Professor, whereas Anna University sanctioned only 981 posts. Out of the 981 posts, the working strength is 556. Therefore, according to the AICTE norms there is a lack of faculties to the extent of 1189 in these three categories and according to the sanctioned strength, there are 425
teaching faculties vacant in Anna University.
- With this huge vacancies, how the Anna University and its constituent colleges are functioning for all these years is not known. Though it has been stated by the learned Standing Counsel that from 2010 to 2015, 372 temporary Teaching Fellows had been engaged, the said position has not been improved, it has also been stated by the learned Standing Counsel that because of continuous litigations, the attempts made by the respondent University to fill up the teaching
faculties on permanent basis could not be progressed further.
- We are unable to accept the said submission also for the reason that on 09.11.2020 a detailed order has been passed by a learned Judge in related writ petitions, where a direction had been given to the University to take necessary steps to fill up the vacant posts of teaching faculties on permanent basis, where, during the recruitment process the persons who were already working in the name of Teaching Fellows like the present appellants are to be given weightage taking into account the
experience they gained in all these years.
- Though such an order was passed, it is now submitted by the learned Standing Counsel for the respondent University that the University, in order to consider the same and to go ahead with the
permanent appointments, had its Syndicate meeting on 02.09.2023.
- Between 09.11.2020 and 02.09.2023, why the University
delayed for three years to have even a Syndicate meeting to take stock
of the situation is also not known.
- Therefore, apart from the queries we have raised in our earlier order dated 15.09.2023, the inaction on the part of the Anna University to comply with the order passed by the writ Court dated 09.11.2020 till
02.09.2023, the date on which the alleged Syndicate meeting has taken place, also has to be explained. Giving detailed reply to all these queries in our earlier order dated 15.09.2023 as well as the present query raised herein as to how this University is functioning with a lack of sanctioned
vacancies of 425 for all these years and 1189 as per the AICTE
prescription, also has to be explained.
- Explaining these aspects, the Registrar, Anna University shall file an affidavit by 05.10.2023, failing which the Registrar, Anna University
shall remain present before this Court. Post the matter on 05.10.2023.
(R.S.K.,J.) (K.B.,J.)
03.10.2023
KST
Note : Issue order copy today (03.10.2023)
- SURESH KUMAR, J.
AND K.KUMARESH BABU, J. kst
W.A.Nos.2025 TO 2028 of 2019
(Next Hearing Date : 05.10.2023)
03.10.2023
On 15.09.2023, we passed a detailed interim order after tracing the past history of this issue, which in fact has a checkered history. We have raised certain queries in Paragraphs 24 and 25, and in Paragraphs 26 and 27, we directed the University to file a status report in response
to the said queries raised by this Court.
- In response to the said order dated 15.09.2023, on 27.09.2023 a typed set of documents alone has been filed on behalf of the
respondent University. Based on those documents, the learned Standing Counsel for the University wants to go ahead with the case.
- We are not satisfied with the documents, unless and until the queries raised by this Court is answered by the University, ie., the Registrar of the University. Even according to the documents that have been produced before us, as explained by the learned Standing Counsel, as per the AICTE norms there must be 1745 teaching faculties in the three categories viz., Assistant Professor, Associate Professor and Professor, whereas Anna University sanctioned only 981 posts. Out of the 981 posts, the working strength is 556. Therefore, according to the AICTE norms there is a lack of faculties to the extent of 1189 in these three categories and according to the sanctioned strength, there are 425
teaching faculties vacant in Anna University.
- With this huge vacancies, how the Anna University and its constituent colleges are functioning for all these years is not known. Though it has been stated by the learned Standing Counsel that from 2010 to 2015, 372 temporary Teaching Fellows had been engaged, the said position has not been improved, it has also been stated by the learned Standing Counsel that because of continuous litigations, the attempts made by the respondent University to fill up the teaching
faculties on permanent basis could not be progressed further.
- We are unable to accept the said submission also for the reason that on 09.11.2020 a detailed order has been passed by a learned Judge in related writ petitions, where a direction had been given to the University to take necessary steps to fill up the vacant posts of teaching faculties on permanent basis, where, during the recruitment process the persons who were already working in the name of Teaching Fellows like the present appellants are to be given weightage taking into account the
experience they gained in all these years.
- Though such an order was passed, it is now submitted by the learned Standing Counsel for the respondent University that the University, in order to consider the same and to go ahead with the
permanent appointments, had its Syndicate meeting on 02.09.2023.
- Between 09.11.2020 and 02.09.2023, why the University
delayed for three years to have even a Syndicate meeting to take stock
of the situation is also not known.
- Therefore, apart from the queries we have raised in our earlier order dated 15.09.2023, the inaction on the part of the Anna University to comply with the order passed by the writ Court dated 09.11.2020 till
02.09.2023, the date on which the alleged Syndicate meeting has taken place, also has to be explained. Giving detailed reply to all these queries in our earlier order dated 15.09.2023 as well as the present query raised herein as to how this University is functioning with a lack of sanctioned
vacancies of 425 for all these years and 1189 as per the AICTE
prescription, also has to be explained.
- Explaining these aspects, the Registrar, Anna University shall file an affidavit by 05.10.2023, failing which the Registrar, Anna University
shall remain present before this Court. Post the matter on 05.10.2023.
(R.S.K.,J.) (K.B.,J.)
03.10.2023
KST
Note : Issue order copy today (03.10.2023)
- SURESH KUMAR, J.
AND K.KUMARESH babul, J. kst
W.A.Nos.2025 TO 2028 of 2019
(Next Hearing Date : 05.10.2023)
03.10.2023
