Dr.S.Diravidamani v. State of Tamil Nadu

Order.

13.On a careful reading of the Government Order, it is seen that the Government is intending to take over all the 41 Constituent

Colleges. The Government wants to do it in phases. As a first step, 14 Constituent Colleges have been taken over. The learned Standing Counsel appearing on behalf of the Periyar University submitted that totally 96 teaching staffs and 40 non-teaching staffs were regularly appointed in the 5 Constituent Colleges attached to Periyar University.

14.The Government has to necessarily take a call on this issue considering the fact that the Court expects the Government to be a model employer who will consider taking the Institutions along with the regular staff who have been appointed after following all the procedures in sanctioned posts. It is brought to the notice of this Court that in those 41 Constituent Colleges, nearly 139 posts alone has been filled up by following the proper procedure. The petitioners also fall within this category. Hence, this Court wants the Government to consider the same and safeguard the interest of those staffs who have been properly appointed and take over them along with the Institution which is taken over by the Government. Once this is identified, the total vacancy can be reduced and a modified instruction can be issued to the Teachers Recruitment Board to go ahead with the selection process for those identified vacancies.

15.Even if the Government is not able to take an immediate decision in this regard, atleast the appointment and selection of the petitioners can be safeguarded and their posts need not be added in the total vacancies and they can be absorbed into the Tamil Nadu Collegiate Educational Services for the Government Arts and Science Colleges.

16.Post this case under the caption 'for passing final orders' on

03.10.2024.

5.The matter was once again listed for hearing on 19.10.2024 and the learned Special Government Pleader appearing on behalf of the State of Tamil Nadu and Directorate of Collegiate Education sought for sometime to take instructions on the follow up of the earlier order passed by this Court on 03.09.2024. Accordingly, all these writ petitions were listed for hearing today.

6.The learned Special Government Pleader produced the written instructions received from the Commissioner of Collegiate Education. The relevant portions are extracted hereunder: It has been clearly stated in Para 3(vii) of G.O.(Ms).No.36 Higher Education (G1) Department, dated : 28.02.2019 that the regular teaching and non teaching staff now working will be retained in the university departments and administrative posts respectively. It is further stated in the order that these staff will work on deputation basis, till such time they are taken back to the Universities in the arising vacancies. It is also submitted that, as per G.O.(Ms).No.186, Higher Education (G1) Department, dated 22.09.2022, it has been specifically stated that the regular and temporary teaching staff now working in these colleges are working on deputation basis after conversion as Government Colleges and they will be allowed till such time they are reverted back to the University or the post

being filled up with regular Govern staff whichever is earlier. With regard to the daily orders 2nd cited, it is submitted that, as far as the appointment of Assistant Professors in Government Art and Science Colleges is done only through Tamil Nadu Teacher Recruitment Board (TRB). Though the qualification for appointing Assistant Professors for Government Arts and science Colleges are almost same, the mode of appointment differs between University and TRB. While being so absorbing the regular teaching staff of Periyar University may become a sort of back door entry which can not be encouraged. It is further submitted that, Government made frequent meetings with the Registrar of concerned Universities before converting the Constituent Colleges into Government Arts and Science Colleges. In which various discussion was made and the Registrars of the Universities have expressed the willingness to take back the teaching and non teaching staffs appointed by the Universities into University service. Only after their acceptance to take back the employees of the University to University service, Government took a policy decision of converting the 41 Constituent Colleges into Government Colleges by stating the condition that teaching and non teaching staff appointed by the University are allowed to continue in the colleges on deputation basis till such time the posts are being filled up by the Government which ever is earlier. It is submitted that since the petitioners are appointed by

Universities, the sole responsibility of absorbing them into University service remains on the hand of the University Registrar. The Director of Collegiate Education and the Government are not the competent authority to absorb the staff appointed by the Universities into Tamil Nadu Collegiate Education Service. Since they are working on deputation basis on the erstwhile constituent colleges, salary only will be paid to them by the concerned college. The petitioner have stated that the University has expressed the inability to take over the staff on 27.10.2022. It is also to state that, the Periyar University vide proceedings bg/g-g-Estt.R5/Kjy;th;fs; gzpkhWjy; /2023, Dated: 13.01.2023 have taken back the regular Principals appointed by the Periyar University to the University service by appointing them as some other equal post. It is further submitted that, the scale of pay for teachers (Assistant Professor) in University and Government Colleges are equal. Even through there are no vacancy available in the University, if the staffs are appointed by Government, University can take the staff to the University service where nomenclature of the post may be changed accordingly with pay protected, which will not affect any one, as like Periyar University took back the regular Principals to University service and posted them to various other departments available in the said University. Hence, it is humbly submitted that, the petitioners will not

be affected with regard to the notification for appointing 4000 Assistant Professors in Government Arts and Science Colleges. Following the Government Order, the University concerned must take appropriate action to take back the staff into University service who are now working on deputation basis in the erstwhile constituent colleges.

7.Heard the counsel appearing on either side.

8.The earlier order passed on 03.09.2024, more or less deals with the issue that is involved and the action that has to be taken by the Government as a model employer. The written instructions received from the Commissioner of Collegiate Education makes it clear that the teaching and non-teaching staffs are going to be treated only on deputation basis till such time they are taken back by the University in the arising vacancies or till those posts are filled up with regular Government staff, whichever is earlier. The official respondents have taken a stand that the responsibility of absorbing the petitioners is vested with the University and the Government or the Director of Collegiate Education cannot absorb the staff belonging to the University into the Tamil Nadu Collegiate Education Service. It is also stated that the Government had frequent meetings with the Registrar of the concerned Universities before converting the constituent colleges into Government Arts and Science Colleges and the Registrars expressed their willingness to take back the teaching and non-teaching staffs appointed by the Universities into the University

service. Only on such assurance, the Government took a policy decision to take over the 41 constituent colleges and convert the same as Government colleges.

9.The learned Standing Counsel appearing on behalf of the Periyar University submitted that the University has made its stand very clear that the staff who were appointed in the constituent colleges are not the staff of the University and therefore, there is no question of absorbing them in the Periyar University. To substantiate the same, the learned Standing Counsel relied upon the communication dated 11.10.2021, made to the Directorate of Collegiate Education and the relevant portions are extracted hereunder: ghh;it 1. 2. 3. 4 kw;Wk; 5 Mfpa jkpHf murhizfspd; go midj;Jg; gzpapl';fSk; rhh;e;j fy;Y}hpfSf;fhdg; gzpapl';fshf kl;Lnk njhw;Wtpf;fg;gl;ld/ bghpahh; gy;fiyf; fHfj;jpd; gzpapl';fshfj; njhw;Wtpf;fg;gltpy;iy/ gy;fiyf; fHf fy;Y}hpfspd; gzpapl';fshd eph;thfg; gzpapl';fSk; Mrphpah; gzpapl';fSk; epjpj; Jiwapd; xg;g[jnyhL ,l xJf;fPl;od; mog;gilapYk; RHw;rp Kiwapd; mog;gilapYk; ;fhypg; gzpapl';fs; njhw;Wtpf;fg;gl;Ls;sd/ fy;Y}hpapd; fhypg; gzpapl';fs; fy;Y}hpfSf;fhd RHw;rp kw;Wk; ,l xJf;fPl;od; mog;gilapy; kl;Lnk njhw;Wtpf;fg;gl;Ls;sd/ ghh;it (9) fz;Ls;s fojj;jpy; bghpahh; gy;fiyf;fHf cWg;g[f; fiy kw;Wk; mwptpay; fy;Y}hp. (muR fiy kw;Wk; mwptpay; fy;Y}hpfs;) nkl;L:h;. vlg;gho (nryk; khtl;lk;) bgd;dhfuk;. mU:h;. ghg;gpbul;og;gl;o (jUkg[hp khtl;lk;) Mfpa fy;Y}hpfspy; gzpahw;Wk;

Kjy;th;fs;. Mrphpah;fs; kw;Wk; Mrphpauy;yhg; gzpahsh;fisa[k; muRf; fy;Y}hp Mrphpah; kw;Wk; Mrphpauy;yhg; gzpahsh;fshf mwptpg;gjw;F jkpHf muR chpa murhiz btspapl ghpe;Jiu bra;a ntz;Lbkd nfl;Lf;bfhz;Ls;shh;fs;/ vdnt. nkw;fz;l murhzifspd;go. 5 cWg;g[f;fy;Y}hpfspy; epue;jug; gzpahsh;fshf gzpahw;Wk; Kjy;th;f;s. Mhprpah;fs; kw;Wk; Mhphpauy;yh gzpahsh;fis mth;fs; rhh;e;j fy;Y}hpfspnyna muR fy;Y}hp Chpah;fshf gzpahw;w Miz gpwg;gpf;f Mtd bra;a[khW ,f;fojk; nkyDg;gg;gLfpwJ/

10.The learned Standing Counsel also relied upon the subsequent communication dated 27.10.2022, made to the Directorate of Collegiate Education, wherein the earlier stand was reiterated and it was made clear that the staff belonging to the constituent colleges cannot be absorbed by the University.

11.The learned Special Government Pleader on instructions submitted that the scale of pay for teachers [Assistant Professor] in the University and in the Government colleges are equal and this is in view of the fact that the UGC pay scales are applied across the Board.

12.The discussions that took place between the Government and the Registrar belonging to various Universities before the Government decided to take over the constituent colleges, may not be of any relevance while dealing with the rights of the petitioners and similarly placed persons who are now working in those Government colleges after it was taken over. As observed in the earlier order passed on

03.09.2024, the petitioners and other similarly placed persons are regular teaching staffs who were appointed by following proper procedure in sanctioned posts and were paid the UGC scale of pay. If the petitioners and other similarly placed persons are going to be dislodged and fresh Assistant Professors are going to be appointed in such vacancy, it will defy reasoning. The persons who are going to be newly appointed as Assistant Professors will carry the same qualifications and they will be paid the same scale of pay and therefore, to undertake such an exercise by dislodging the petitioners and similarly placed persons is illogical and unwarranted. In fact, the concerned colleges will be loosing teaching staff who also have experience acquired over a period of time and are going to be replaced by a fresh batch of Assistant Professors, who have no experience. Looking at this case from any angle, there is absolutely no reason as to why the petitioners and similarly placed persons must be dislodged from the respective colleges and new appointees must take over their position.

13.This Court already held that the Government is expected to be a model employer and the Government should not dislodge the petitioners and the similarly placed persons by adding the posts held by them in the recruitment Notification.

14.The learned Standing Counsel appearing on behalf of the Periyar University submitted that there are totally 63 Assistant Professors who were working in the

constituent colleges of Periyar University.

15.In the light of the above discussion, the impugned Notification issued by the Teachers Recruitment Board dated 14.03.2024, is interfered insofar as it relates to filling up the post of Assistant Professors working in the constituent colleges of Periyar University. This includes the petitioners and others who are similarly placed and who are working in the constituent colleges of Periyar University. The posts held by them should not be included in the total vacancy shown in the Notification dated

14.03.2024. The selection can go on for the remaining vacant posts. There shall also be a consequential direction to 1st and 2nd respondents to absorb the petitioners into Tamil Nadu Collegiate Educational Services for Government Arts and Science Colleges and extend all the attendant service and monetary benefits on par with other teaching staff working in the Government Arts and Science Colleges in Tamil Nadu. An order to this effect shall be passed by the 1st and 2nd respondents, within a period of eight weeks from the date of receipt of copy of the order.

16.In the result, all these writ petitions are allowed with the above directions. No costs. Consequently, all the connected miscellaneous petitions are closed.

22.10.2024

Index : Yes/No NCS : Yes/No KP To

1.The Principal Secretary to Government State of Tamil Nadu Higher Education Department Secretariat, Chennai 600 009.

2.Director of Collegiate Education Directorate of Collegiate Education EVK Sampath Maligai Chennai 600 006.

3.The Registrar Periyar University Periyar Palkalai Nagar Salem 636 011.

N.ANAND VENKATESH, J. KP

4.The Principal Government Arts & Science College (formerly known as Periyar University College of Arts & Science, Mettur) Four Roads, Mettur Sale District-636401.

5.The Chairman Government of Tamilnadu Teachers Recruitment Board 3rd & 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building Perasiriyar Anbazhagan Kalvi Valagam

College Road, Nungambakkam, Chennai 600 006. W.P. Nos.10315, 8782, 8790, 9941 & 9943 of 2024

22.10.2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2024 CORAM : THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition Nos.10315, 8782, 8790, 9941 & 9943 of 2024 and WMP Nos.11316, 11317, 11320 of 2024 W.P.No.10315 of 2024 1.Dr.S.Diravidamani 2.Thiru.G.Radhakrishnan 3.Dr.H.M.Priyadharsini 4.Dr.K.Dharaniswari 5.Dr.M.P.Rameshkumar 6.Thiru.K.Kannan …. Petitioners -Vs- 1.State of Tamil Nadu Rep.by its Principal Secretary to Government Higher Education Department Secretariat, Chennai 600 009. 2.Director of Collegiate Education Directorate of Collegiate Education EVK Sampath Maligai Chennai 600 006. 3.Periyar University Rep.by its Registrar Periyar Palkalai Nagar Salem 636 011. 4.Government Arts & Science College Rep.by its Principal (formerly known as Periyar University College of Arts & Science, Mettur) Four Roads, Mettur Sale District-636401. 5.Government of Tamilnadu Rep.by its Chairman Teachers Recruitment Board 3rd & 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building Perasiriyar Anbazhagan Kalvi Valagam College Road Nungambakkam, Chennai 600 006. .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records from the respondent 1, 2 & 5 relating to the Notification No.02/2024 dt.14.03.2024 issued by the 5th respondent, quash the same insofar as it relates to the recruitment for the 6 posts of Assistant Professor (viz. 2 posts in English, 3 posts in Tamil and 1 post in Mathematics) for the 5th respondent College and to consequently direct respondents 1 to 2 to absorb the petitioners into the Tamil Nadu Collegiate Educational Services for Government Arts and Science Colleges by giving due seniority and other services benefits w.e.f 31.12.2015 the date on which the petitioners were appointed in the 4th respondent College and treat them on par with other Teaching staff working in the Government Arts and Science Colleges in Tamil Nadu for all service and other attendant benefits within a time frame fixed by this Court. For Petitioners : Mr.K.Sinivasa Murthy For Respondents : Mr.R.Neelakandan Additional Advocate General Asst.by: Mr.C.Kathiravan Standing Counsel for R5 Mr.K.Surendran Additional Government Pleader for R1, R2 & R4 Ms.Mary Sowmi Texi for M/s.Isaac Chambers Standing Counsel for R3 W.P.No.8782 of 2024 1.Dr.G.Anbalagan 2.Dr.P.Venkateshkumar 3.Dr.S.Chandrasekaran 4.Dr.C.Ushanandhini 5.Dr.M.Sathyabama 6.Dr.S.Ravi 7.Mrs.M.Jayachitra 8.Dr.P.Rajini 9.Mr.M.Veluchamy 10.Mr.C.Pradeep …. Petitioners -Vs- 1.Government of Tamil Nadu Rep.by its Principal Secretary Department of Higher Education Fort St.George, Secretariat, Chennai 600 009. 2.Director of Collegiate Education Department of Higher Education No.577, Anna Salai Saidapet, Chennai-600 015. 3.Government Arts & Science College Rep.by its Principal Edapadi Salem District. 4.The Teachers Recruitment Board Rep.by its Secretary 3rd & 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building Perasiriyar Anbazhagan Kalvi Valagam College Road Nungambakkam, Chennai 600 006. 3.Periyar University Rep.by its Registrar Palkalai Nagar Salem 636 011. .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 4th respondent herein culminating in Notification No.2 of 2024 dated 14.03.2024 and to quash the same to the extent the same has not taken into consideration the post of Assistant Professors in the 3rd respondent college being held by the petitioners herein and quash the same and consequently direct the respondents herein to accommodate the petitioners as regular employees in those vacancies declared under the impugned notification. For Petitioners : Mr.M.Santhanaraman For Respondents : Mr.R.Neelakandan Additional Advocate General Asst.by: Mr.C.Kathiravan Standing Counsel for R4 Mr.D.Ravichander Special Government Pleader for R1 to R3 Ms.Mary Sowmi