WP.Nos.19939 of 2014 & 36827 of 2016   S.M.SUBRAMANIAM,J.,             The constitutional importance involved in these batch of writ petitions are regarding the large scale allegations in the matter of appointment of Assistant Professors in aided Colleges viz., Pachaiyappas Trust Board

WP.Nos.19939 of 2014 & 36827 of 2016

 

S.M.SUBRAMANIAM,J.,

 

The constitutional importance involved in these batch of writ petitions are regarding the large scale allegations in the matter of appointment of Assistant Professors in aided Colleges viz., Pachaiyappas Trust Board Colleges. The principles to be considered are that equal opportunity in public employment which is the constitutional mandate and adherence of the requisite qualifications as contemplated by the Government of Tamil Nadu for appointment to the post of Assistant Professors in Colleges and Universities, in accordance with U.G.C Regulations. Thirdly, the procedures adopted for selection of the candidates, whether in consonance with the established principles or not and the allegations regarding the irregularities in awarding marks or otherwise. When large scale allegations regarding the selections are made or such selections are tainted with the allegations of corruption or malafides, it is to be tested with reference to the facts and circumstances. Such large scale allegations resulting in unconstitutionality cannot be brushed aside merely on the ground that the petitioners are unsuccessful candidates. In respect of the large scale malpractices, corrupt activities or irregularities or illegalities if raised in any writ petition, then the issues are to be considered in the larger perspective and with reference to the constitutional mandates and the obligations to be performed by the competent authorities in the matter of appointment to the public posts.

 

2.In the writ petitions on hand, wider allegations are raised regarding the procedures followed for selection and appointment to the post of Assistant Professors and the petitioners have said that nearly about 152 candidates out of 254 candidates selected are found to be not qualified as per the qualifications prescribed by the University Grants Commission and the recruitment notification issued by the respondents.

 

3.The erstwhile Administrator of the Pachaiyappas Trust Board conducted an elaborate enquiry and identified 152 appointed candidates are unqualified and consequently, issued Show Cause Notices. However, no final decision was taken by the erstwhile Administrator and the Administrator resigned the post due to certain personal reasons.

 

4.Now the AG & OT is administering the Pachaiyappas Trust Board and looking after its affairs.

 

5.It is brought to the notice of this Court that 254 candidates were selected and appointed pursuant to the Recruitment Notification issued by the Pachaiyappas Trust Board of the year 2013, 2014 and 2015. When the erstwhile Administrator found that 152 candidates out of 254 selected candidates are not possessing the requisite qualification as per the recruitment notification, it requires serious consideration.

 

6.The respective learned counsels appearing on behalf of the selected candidates made submissions that the selected candidates possesses the requisite qualifications and therefore, Show Cause Notices issued by the erstwhile Administrator itself is improper. Several other grounds are raised regarding the locus standi of the petitioner to file writ petition and the respective learned counsels reiterated that the allegations set out in the writ petitions are vague.

 

7.This Court is of the considered opinion that the enquiry conducted by the erstwhile Administrator, who is the retired Judge of the High Court and the Show Cause Notices issued by him to 152 selected candidates cannot be brushed aside. It requires serious consideration as it involves procedures to be adopted for selection and appointment to the post of Assistant Professors, which is of paramount importance and further if any unqualified college teachers are appointed, ultimately the sufferers would be the students, who all are studying in the colleges and the Courts have repeatedly held that there cannot be any compromise in the matter of educational qualifications for appointment to teaching posts. The nobility involved in educational institutions at no circumstances be compromised or neutralized by any authority. It is the constitutional principle that in the event of any misplaced sympathy or compromise in the matter of educational qualifications, it would result in unconstitutionality and thus, the qualification possessed by these selected candidates are to be verified scrupulously with reference to the qualifications prescribed by the Government of Tamil Nadu and as per the recruitment notification. In this context, it is relevant to consider Sections 15 and 16 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 which contemplates that “No person who does not possess the qualifications specified under Section 15 shall, on or after the date of commencement of this Act, be appointed as teacher or other employee in any private college”. Thus, it is mandatory to ensure that the college teachers appointed possess the requisite qualification and the statutory obligations at no circumstances be dispensed with either by the educational authorities or by the College Management. Thus, it is essential to verify the correctness of the qualifications possessed by the selected candidates in view of the fact that the erstwhile Administrator found 152 selected candidates did not possess the requisite qualifications.

 

8.Certain doubts are raised by respective learned counsels appearing on behalf of the contesting respondents that the credentials of the other candidates are also to be verified. The said submission has some force in view of the fact that large scale allegations are raised. Thus, verification of the educational qualifications possessed by all the selected and appointed candidates pursuant to the Recruitment Notification issued in Advertisement No.03/2013, dated 12.12.2013, Advertisement No.01/2014, dated 18.02.2014 and Advertisement No.01/2015, dated 02.12.2015 are to be done.

 

9.In this regard, this Court thought fit that the Director of Collegiate Education would be the appropriate authority, since the Director is the competent authority under the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976 and also the approving authority regarding  the appointments made by the colleges. In the event of approval of appointment of the appointed college teachers, the salary is to be paid from the public funds. Therefore, the verification is of paramount importance. Once the public funds are utilized for payment of salary to the appointed college teachers, the correctness of appointments must be verified and ascertained by the educational authorities. Director being the authority under the statute would be the appropriate authority to examine the correctness of the educational qualifications possessed by the selected candidates. Thus, this Court is inclined to direct the Director of Collegiate Education to conduct an enquiry.

 

10.Accordingly, the following directions are issued:

• The Director of Collegiate Education, Chennai is directed to issue notice / summon to all the 254 selected and appointed candidates recruited through Recruitment Notification Nos.03/2013, dated 12.12.2013, 01/2014, dated 18.02.2014 and 01/2015, dated 02.12.2015 by fixing the date and time, asking them to submit their original educational qualifications and other relevant certificates and accordingly, conduct verification and ascertain the eligibility of the appointed candidates to hold the post of Assistant Professor with reference to the educational and other qualifications prescribed under the Recruitment Notification and by the Government of Tamil Nadu.
• If the original certificates were already surrendered by the appointed candidates before the Management of Pachaiyappas Trust Board now administered by the AG & OT, the said certificates are directed to be handed over to the Director of Collegiate Education by the AG & OT / Management of Pachaiyappas Trust Board, enabling the Director of Collegiate Education to conduct certificate verification.
• The Director of Collegiate Education is permitted to serve notices to all the appointed candidates through the respective Principals of the Colleges concerned or through other mode of services including through Special Messenger or through e-mail or through any electronic mode of communication. However, the Director of Collegiate Education shall ensure that the notices / summons are served on the appointed candidates, who all are working in colleges under the control of the Pachaiyappas Trust Board.
• The Director of Collegiate Education is directed to constitute required number of teams of qualified officials for conducting certificate verification for 254 appointed candidates by the Pachaiyappas Trust Board and complete the same by conducting thorough verification regarding the educational and other qualifications required for appointment to the post of Assistant Professor and submit a report before this court.
• The Management of the Pachaiyappas Trust Board / AG & OT is directed to furnish the materials collected by the erstwhile Administrator regarding the irregularities and illegalities in the process of selection and other relevant documents pertaining to the appointments and handover the same to the Director of Collegiate Education for conducting an appropriate enquiry and to ascertain the eligibility of the appointed candidates to the post of Assistant Professor in accordance with the Act and Rules.
• The Director of Collegiate Education, Chennai is directed to complete the entire exercise of verification of educational and other qualifications of the selected and appointed candidates and submit a report before this Court on or before 14.11.2022.

 

11. Since the arguments of the respective learned counsels were already heard in detail by this Court, the Registry, High Court is directed to list the matter for passing final orders on 14.11.2022.

 

11.10.2022

 

Index:Yes/No

Internet:Yes/No

Speaking order/Non-speaking order

ssr/kak

 

Note: Registry is directed to issue order copy on 13.10.2022

 

S.M.SUBRAMANIAM,J.,

 

ssr/kak

 

 

 

 

 

 

 

 

 

 

 

 

WP.Nos.19939 of 2014 & 36827 of 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.10.2022