Writ Appeal Nos.2025 to 2028  of 2019

 

R.SURESH KUMAR,J.

AND

K.KUMARESH BABU,J.

(Order of the Court was made by R.SURESH KUMAR.,J.)

Heard Mrs.M.Sneha, learned counsel appearing for the appellants and

Mr.Avinash Wadhwani, learned Standing Counsel appearing for the Anna University.

2. The issue raised in these batch of Writ Appeals is having a chequered history where long years back the Anna University in order to engage in their constituent colleges had appointed the appellants as “Teaching- fellows”, which nomenclature was introduced by the Anna University.
3. These Appellants since qualified to hold the post of Assistant Professor, which is a nomenclature of an entry level teaching faculty for University level institution as per the norms of the U.G.C.,  they applied in response to the notification issued in this regard by the University for selection of the so called “Teaching-fellows”.
4. Accordingly, these “Teaching-fellows” were selected and appointment orders were given sometime in 2010 – 11.
5. At that time of giving such appointments the University had stated in the Appointment Orders, that the appellants were appointed as Visiting Faculty at University College of Engineering at Villupuram on contractual basis for a period of six (6) months from the date of their joining on consolidated salary of Rs.20,000/- per month.
6. Similar orders were issued in respect of all these appellants.
7. Though, initially they were selected and appointed/engaged on temporary basis or on a contractual basis, the contract has not come to an end by the period set out in the said order but it has been extended continuously for years together.
8. Since, the status of these appellants continued only as a temporary or contractual faculties in the college of the Anna University, where they have been engaged to take classes for U.G. level students as  regular Assistant Professor, in order to get permanency by way of              absorption or regularisation from the University, these appellants have      approached this Court by filing Writ Petitions seeking Writ of Mandamus.
9. Along with the said Writ Petitions in some other Writ Petitions notifications inviting applications, issued by the University to engage more such temporary appointees in the name of teaching-fellows without regularising the existing temporary appointees were put under challenge.
10. All those Writ Petitions were grouped together and were heard by the Writ Court where the learned Single Judge by the impugned judgment dated 22.04.2019 dismissed all those Writ Petitions.
11. Though, the number of Writ Petitions were disposed of by an order, dated 22.04.2019, in these batch of Writ Appeals only four Writ Petitioners in W.P.Nos.34041, 34024, 34037 & 34031 of 2018  had         preferred these intra Court Appeals. This is how these Appeals have come up before us.
12. It is to be noted that, similarly placed temporary appointees like these present appellants, had approached this Court in another set of cases both in the Principal Seat as well as in Madurai Bench.
13. All those cases were grouped together and those batch of cases were disposed of by an exhaustive order of another learned Single Judge by an order, dated 09.11.2020 in the matter of W.P.(MD). No.24819 of 2018 etc., batch. In the said order, the learned Single Judge had given a threadbare discussion of the issue and ultimately passed the following order:-

“51.In view of the above discussion, this Court orders as follows:

[a] The Notifications / Advertisements dated

07.06.2019 and 19.12.2019 are hereby quashed and accordingly W.P.Nos.18359/2019, 35866/2019 and W.P.No.255 of 2020 are hereby allowed.

• Since the practice of engaging teachers on hourly basis has been stopped by the Anna University, the same is recorded and W.P.Nos. 22621, 22627, 22560 and 22606 of 2019 are disposed of.
• The Petitioners are directed to be engaged as Temporary Assistant professors with effect from 01.12.2020, by the Respondent University until the regular recruitment is completed and vacant posts are filled up. At the time of filling up the posts on a regular basis, the observations made by this Court in Paragraph

No.49,                  shall                     be                  followed         scrupulously.

W.P.Nos.19958/2019, 20268/2019, 21393/2019, 24286/2019, 21619/2019 32076/2019, 1079/2020

1665/2020, 22105/2019, 35583/2019, 8431/2017,

21578/2019,                             W.P.(MD).No.                                24819/2019                                           and

W.P.(MD).No.4887/2019 are disposed of accordingly.

[d] Considering the financial burden that will be incurred by the Anna University, this Court is not inclined to order payment of salary to the Petitioners on par with the monthly gross salary of a regularly appointed Assistant Professor, for the past services. However, immediately on engaging the services of the Petitioners as directed in Clause (c), University shall pay the Petitioners the monthly gross salary of a regularly appointed Assistant Professor. W.P.Nos.8169, 8170, 8172 and 8512 of 2020, are disposed of accordingly.”

14. As against the said order passed by the learned Single Judge, dated 09.11.2020, the Anna University had filed Intra Court Appeals in W.A.Nos.898 of 2021 and 1173 of 2020 etc., batch. In those Writ Appeals the following interim order, dated 17.09.2021 was passed by the co-ordinate

Bench of this Court which is extracted hereunder:-

“5.Considering the facts and circumstances of

the case, the Appellant/Anna University is hereby directed to engage the services of all the Writ Petitioners on or before 04.10.2021, on temporary basis, without prejudice to the rights of the parties and they should be paid the salary which they were receiving prior to filing of the Writ Petitions. The other directions issued by the learned single Judge is hereby stayed.

6. The connected Writ Appeals W.A.Nos.1162, 1163, 1265 of 2021 & Cont.P.No.594 of 2021 shall be tagged along with these appeals. Post the Writ Appeals in the usual course.”
7. Despite such direction had been given by the learned Single Judge in the said order, dated 09.11.2020, not to go for any such temporary appointment any more, it seems that, Anna University once again venture into the practice of engaging temporary faculties for which they seems to have issued a notification in Advertisement, dated 01.08.2023, that has also been challenged in the recent Writ Petition in W.P.No.23701 of 2023. That Writ Petition was heard by another learned Single Judge who passed an interim order to the following effect on 11.08.2023. For better appreciation, the relevant paragraphs of the said order is extracted hereunder:-

“4.On a perusal of the orders of this Court, it is seen that this Court has dealt with the issuance of notification by the University for filling up posts on temporary basis and the same has been deprecated and in fact, this Court has directed the respondents to go for regular recruitment. Despite such directions, once again, the impugned notification, dated 01.08.2023, has been issued, for engaging the Teaching Fellows on temporary basis. In such view of the matter, the very impugned notification is contrary to the orders of this Court passed earlier. Therefore, there shall be an order of stay of the impugned notification, dated 01.08.2023.

5.Mr.Avinash Wathwani, learned counsel, takes notice for the respondents 1 and 2. Mr.S.Rajesh, learned Government Advocate, takes notice for the 3 rd respondent.

6.For filing counter affidavit, post the matter on

05.10.2023.”

16. This being the factual position, the present set of Writ Appeals consisting of four Writ Appeals arising out of the order passed by the learned Single Judge, dated 22.04.2019, have come up for final hearing before us.
17. Avinash Wathwani, learned Standing Counsel appearing for

the Anna University would submit that, the college in which these people have been engaged, no doubt is a constituent college of the Anna University which has been permanently functioning under the aegis of Anna University and for such institution though permanent faculties as per the norms of the University as well as All India Council for Technical Education is required, due to administrative reasons, the University is not able to make the permanent appointments of such faculties.

18. Since there has been a need of faculties to run the institution and depending upon the need of every academic year, the vacancy position would get changed, based on which, few more faculties ought to be engaged. Therefore, it has become necessitated for the University to go ahead by inviting application from the eligible candidates to be selected and appointed as teaching faculties on temporary basis.
19. He further submits that the continuous engagement of faculties on temporary basis, though was not approved by at least two decision of this Court, the situation could not be improved because of Administrative reasons. However, the University is trying to improve it in the near future.
20. Though such a submission had been made justifying the action on the part of the University Administratio1-13n by the learned Standing Counsel for the Anna University, we are not impressed with the same.
21. For the same reason in so far as the Educational Institutions are concerned especially technical institutions like Engineering College, that too being run by a reputed University like the respondent University, the teaching faculty must be on permanent basis. Without a permanent teaching faculty as per the norms of the University/ University Grants Commission as well as the All India Council for Technical Education, such an institution cannot be permitted to run the courses in technical education.
22. Merely because the college where these people were engaged is a constituent college of a University, it cannot violate such established norms to have permanent faculties.
23. We can understand, if an institution is at a nascent stage some teething problem may be there to have a permanent faculty immediately. Therefore, at least for one or two academic years such kind of temporary teaching faculties can be permitted to be engaged. However, that practice cannot be permitted to be a perennial one as has been adopted by the Anna University in the present case.
24. Therefore, at this juncture, before taking a decision in these appeals, we want to know, what is the present stand of the Administration of the Anna University, who is the Management of the constituent college with regard to the filling up of the teaching faculty/posts on permanent basis. In this context, these teaching faculties like the appellants with their respective qualifications, since, had been selected and appointed or engaged 12 to 15 years back, since, had been continuously working in the University, what is the difficulty for the University administration to regularize these faculties also to be stated.
25. That apart, if the University still feels that there is need for having more faculties, for which if they have gone for issuing advertisement recently on 01.08.2023, which has been stayed by this Court as stated supra in the relative Writ Petition, why the University is hesitating to take a decision to regularize the service of the present temporary

faculties/incumbents and for remaining situations, which are vacant or if the additional vacancies arises in view of the improvement of the pupil strength in such institutions, why can’t they go for a direct recruitment that too on permanent basis.

26. In order to streamline this position, the University should come forward with definite stand and that must be stated in writing by way of a status report in response to our afore stated discussions and queries.
27. For the aforesaid compliance, the respondent/Anna University is given 10 days time. Within this time, the aforesaid queries shall be answered by filing a status report by the Anna University and such report shall be filed before this Court on or before 26.09.2023.
28. Post these matters on 26.09.2023 within five cases.

(R.S.K.,J.)               (K.B., J.)

                                                                         15.09.2023

Index: Yes/No

Speaking Order/Non Speaking Order

Neutral Citation:Yes/No pbn

Note: Order copy to be issued today

R.SURESH KUMAR., J. and K.KUMARESH BABU.,J.

pbn Writ Appeal Nos.2025 to 2028  of 2019

1. 15.09.2023