V.DHANAPALAN,J.
W.A.No.546/2007 :
Appellants were appointed as Guest Lecturers on 08.01.1997 in the second respondent institution, namely, Bharathiar Palkalaikoodam by way of an advertisement in newspapers and later their services were regularised on 12.11.1997, granting UGC scale of pay of Rs.2200/ 4000/-. While so, on consideration of representation of teaching staff, the second respondent institution, by an order dated 21.03.2000, formulated a formula for the induction of teaching staff, numbering about 21, by suitable categorisation and giving one time relaxation to get the benefit of scale of pay of Rs.8,000/- - 13,500/-, subject to certain conditions.
2. According to the appellants, respondents 3 to 23 were unqualified and appointed on contractual basis and there could not be fitment in the UGC scale of pay for Lecturers and the appellants, for possessing qualification and good academic record, ought to have been placed above the respondents, as they were better qualified for appointment as Lecturer Grade-I; however, the respondents were made seniors and, as such, the order, dated 21.03.2000, passed by the second respondent, was in violation of UGC Regulations and liable to be set aside.
3. The case of the respondents was that the appointment of appellants was not made by a properly constituted committee as per UGC norms; therefore, the said appointment could not be construed as a regular appointment; the UGC guidelines themselves permit appointment of non-qualified persons in the event of non-availability of qualified persons on condition that the non-qualified persons so appointed would have to equip themselves and attain necessary qualification within the stipulated period and, as such, the impugned order was in accordance with the rules.
4. Based on the above contentions, the learned single Judge dismissed the Writ Petitions, holding that the appellants had not shown that the impugned order was in violation of the rules. Hence, this Writ Appeal.
5. On the above points, we have heard the learned counsel for the parties and also gone through the records.
6. The only point that arises for consideration is, whether the order, dated 21.03.2000, passed by the second respondent institution, granting one time relaxation to the respondents 3 to 23 and placing them over and above the appellants in seniority, is valid ?
7. At the outset, it is to be stated that the second respondent institution has been sponsored by the Pondicherry Government ant its affairs are governed by the Governing Body, which includes the Education Minister as its Chairman, and is affiliated to Pondicherry University, which is not in dispute. When it is affiliated to Pondicherry University, it automatically follows that the institution is governed by UGC regulations. That being so, it is relevant to quote the relevant clause of qualifications, prescribed by the University Grants Commission, for appointment as Lecturer. The said qualifications read as under :
"No person shall be appointed to a teaching post in a university or in any of institutions including constituent or affiliated colleges recognised under clause (f) of Section 2 of the University Grants Commission Act,1956, or in an institution deemed to be a university under section 3 of the said Act in a subject if he does not fulfil the requirements as to the qualifications for the appropriate subject as provided in Schedule I to X of these regulations.
Provided that any relaxation in the prescribed qualifications can only be made by a University in regard to the posts under it or any of the institutions including constituent or affiliated colleges recognised under clause (f) of Section 2 of the aforesaid Act or by an institution deemed to be a university under Section 3 of the said Act with the prior approval of the University Grants Commission."
The above said proviso in the Regulation,1991, has been dropped and replaced by the following proviso :
"Provided that any relaxation in the prescribed qualifications can only be made by the University Grants Commission in a particular subject in which NET is not being conducted or enough number of candidates are not available with NET qualifications for a specified period only."
8. In exercise of the powers conferred by clause (e) of sub-section (1) of Section 26 read with Section 14 of the UGC Act, the University Grants Commission has issued a Notification No.F.1-11/97 (CPP) dated 19.09.1991. As per Schedule-I of the said Notification, the following minimum qualifications were prescribed for appointment as Lecturer :
"Good academic record with at least 55% marks or an equivalent grade at Master's Degree level in relevant subject or an equivalent degree from an Indian/Foreign University.
Besides fulfilling the above qualifications, candidates should have cleared the eligibility test for Lecturers conducted by UGC, CSIR or similar test accredited by UGC.
A traditional or a professional artist with a highly commendable professional achievement in the subject concerned."
9. Further, in the year 1998, by its Notification No.F.3-1/94 (PS), dated 24.12.1998, the University Grants Commission has prescribed the following qualifications for the said post :
"Good academic record with at least 55% of the marks, or an equivalent Grade of B in the 7 point scale with latter Grades O,A,B,C.D,E & F at the Master's degree level, in the relevant subject or an equivalent degree from an Indian/Foreign University.
Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for Lecturers conducted by the UGC, CSIR or similar Test accredited by the UGC.
A traditional or a professional artist with a highly commendable professional achievement in the subject concerned."
10. It is also important to note that the rules of Pondicherry University First Ordinance Governing Academic Matters also contain identical qualifications for being appointed to the post of Lecturer in the faculties of Music and Fine Arts, which are as under :
"Good academic record with at least second class Master's Degree in a relevant subject or an equivalent degree or Diploma recognised by the University ; and Two years' research or professional experience or evidence of creative work and achievement in his/her field of specialisation or a combined research and professional experience of three years in the field as an artist of outstanding talent; or A traditional or a professional artist with a highly commendable professional achievement in the subject concerned."
Further, for determining "good academic record", the following criteria shall be adopted :
(i) A candidate holding a Ph.D.degree should possess at least a second class Master's degree ; or
(ii) A candidate without a Ph.D.degree should possess a high second class Master's degree and second class in the Bachelor's degree ; or
(iii) A candidate not possessing Ph.D.degree but possessing second class Master's degree should have obtained first class in the Bachelor's degree.
11. When the University Grants Commission Regulations and the Pondicherry University First Ordinance Governing Academic Matters prescribe minimum qualification for the post of lecturers, the second respondent, by the order dated 21.03.2000, granted time of five years to the respondents to acquire UGC accredited qualifying test of JRF/NET/SLET, contrary to the very regulations.
12. The Recruitment Committee for selection of Guest Lecturers in the second respondent institution, in its meeting held on 27.11.1996, had referred to the advertisement in the newspapers for filling up of three existing vacancies of Lecturers in the second respondent institution, evaluated the qualifications, experience, research publications, recognition in the field, practical performance and presentation of the appellants and, thereafter, held that all the three candidates were found to possess the qualifications prescribed by UGC for the post of Lecturer. Considering their additional qualifications like M.Phil., Ph.D., Research Publications and teaching experience, the three candidates were merit listed for appointment and were also recommended appropriate scales of pay.
13. On 08.09.1997, the fourteenth Governing Body of the second respondent ratified the advertisement and appointment of Guest Lecturers. In the said meeting, it was also held that the Screening Committee, which screened the staff members, was of the opinion that the existing teaching staff must qualify themselves with at least P.G.qualification and that most of the staff members in the second respondent institution were not in a position to avail leave to proceed for higher studies outside and, as such, the Governing Body also approved the proposal to start Master's Degree course in Music, Dance and Fine Arts from 1998-1999 in the institution and for getting affiliation for the said course, the Pondicherry should be addressed to start the course.
14. In the Office Note of the second respondent, at page No.21 of the typed set filed by the appellants, paras 8 and 9 read as follows :
"8.As per the orders of the Chairman, BPK, all the 24 teaching staff of BPK in the three departments of Music, Dance and Arts & Crafts have been regularised as Lecturers Grade-II in the time scale of Rs.1400-1600/1640-2900 from the date of their original appointment. All of them have been paid their regular salary from the month of October 1997 and their arrears of salary from 01.01.1996 to 30.09.1997 have also been paid.
9. Now as per the orders of the Chairman vide pre-paras 4-5/n.f. the services of other two Lecturers Dr.L.Annapoorna and Thiru P.V.Bose have been regularised from the date of their original appointment (January '97) as Lecturers Grade-I in the UGC Scale of Pay Rs.2200-75-2800-100-4000, since they possessed all the qualifications prescribed by the UGC for recruitment as Lecturers in Colleges. Both of them have been paid their regular salary from the month of November,1997."
It is also pertinent to notice from the said Office Note that the appellants were also granted additional increments for possessing Ph.D./M.Phil. Qualification.
15. In the meeting of eleventh Governing Body of the second respondent, held on 11.07.1995, it was also felt that the existing teaching staff could not be regularised as lecturers, since they were not possessing post-graduate qualifications, as prescribed by the U.G.C. Further, the Screening Committee of the second respondent institution, in the meeting held on 11.09.1996, screened the instructors of the second respondent institution to assess their suitability for appointment as Lecturers. The said assessment was made with reference to the educational qualifications prescribed for college lecturers by the University Grants Commission, as communicated by the Pondicherry University, to which the institution stood affiliated. The Committee also felt that all the instructors possessed only Diploma qualification from recognised institutions, but they did not possess the prescribed Post Graduate qualification and all of them should be advised to obtain a graduation qualification in Dance or related field within a period of three years, which would qualify them to be given a time-scale of pay. After they obtaining the graduation qualification and being given a time-scale of pay, a further period of 2-3 years was to be given to enable them to obtain Post-Graduate qualification, as per requirement. The said prescription and relaxation were given so as the institution not to run the grave risk of being derecognised by the University.
16. The teaching staff in the second respondent institution, 21 in number, recruited between 1988 and 1993, had represented for their induction as Lecturers Grade-I and for grant of higher scale of pay. Thereupon, the second respondent, by the order dated 21.03.2000, after a careful analysis of the work norms and educational qualifications prescribed under UGC pattern vis-a-vis possessed by the staff and experience rendered by them in the institution, decided to work out a formula for their induction by suitable categorisation and giving a one time relaxation to get the benefit of scale of pay of Rs.8000-13500, subject to certain conditions. Accordingly, four categories were made for the purpose of one time relaxation. The said categories are as under :
"CATEGORY 'A' : Candidates possessing PG or any Diploma/Post Diploma from highly reputed institutions with advance study and other attainments of high standard with 8 years of teaching experience in BPK.
This category of teaching staff will be equated with PG qualifications with JRF/NET/SLET etc./Ph.D.for appointment as Lecturer as per UGC norms for whom scale of pay of Rs.8000-13500 will be offered straightaway without any relaxation with effect from the date of regular appointment.
CATEGORY 'B' : Candidates possessing PG or Degree or Diploma qualification with 8 years of teaching experience in BPK with lesser achievements in the respective fields.
This category of teaching staff will be given the scale of pay of Rs.8000-13500 with effect from the first day of the moth following the month in which they completed 8 years of service in BPK subject to the conditions that they should acquire the UGC accredited qualifying test of JRF/NET/SLET etc. or Ph.D.within 5 years of this order failing which no further increments would be given.
CATEGORY 'C' : Candidates possessing Degree or Diploma with less than 8 years of teaching experience in BPK.
This category of teaching staff will be given the scale of pay of Rs.5500-9000 with effect from 1.1.96 and the next higher scale of pay of Rs.8000-13500 with effect from the first day of the following month in which they would complete 8 years of service in BPK. They should also qualify with PG and NET/SLET etc. or Ph.D.within 5 years from the date of that order failing which no further increments would be given.
CATEGORY 'D' : Candidates possessing certificate course of study which cannot be equated with Degree or Diploma and with 8 years of teaching experience in BPK.
This category of teaching staff will be given the scale of pay of Rs.5500-9000 with effect from 1.1.96. On acquiring the qualification of Degree or Diploma, they will move to category 'B' and will be given the next higher scale of pay of Rs.8000-13500 prospectively with effect from the date of such order and subject to the conditions for increments beyond 5 years prescribed therein.
17. When the appellants are appointed only after publication of advertisement in newspapers that too by the Selection Committee comprising the Secretary (Education) as its Chairman with Director (Art and Culture) and Principal of the institution as members and two other experts and the same was approved by the fourteenth Governing Body on 08.09.1997, the finding of the learned single Judge that the appointment of the appellants was at stake, in our view, cannot be countenanced.
18. On 08.09.1997, the fourteenth Governing Body of the second respondent ratified the advertisement and appointment of appellants. In the said meeting, it was also held that the Screening Committee, which screened the staff members, was of the opinion that the existing teaching staff must qualify themselves with at least P.G.qualification and that most of the staff members are not in a position to avail leave to proceed for higher studies. The Governing Body also approved the proposal to start Master's Degree course in Music, Dance and Find Arts from 1998-99 in B.P.K. and for getting affiliation for the said course, the Puducherry University should be addressed to start the course from 1998-99 onwards.
19. It may be true that that the second respondent institution has been able to accomplish excellence only as the result of teaching and contribution made by the teaching staff, namely, respondents 3 to 23 for a long time. Though it is open for the institution to provide one time relaxation for categorisation and fitment in respect of the respondents, that cannot be at the cost of seniority of the appellants, who are well qualified even at entry level and are given additional increments for possessing high qualifications. In other words, when the view of the Governing Body was that none of the staff possessed the prescribed qualification, it was not proper for the said body to place them over and above the appellants, who are qualified as per the requirement.
20. The learned single Judge, though rejecting the contention of the learned Government Pleader that the second respondent is not governed by UGC regulations and norms, has ignored the qualifications that are necessary for appointment of Lecturers and the suitability of the appellants for the said posts as also seniority and has given a go-by to the one time relaxation granted to respondents 3 to 23, thereby approving the seniority of the respondents over the appellants.
21. The learned single Judge also referred to the fact that in August 1998, one Vijayalatchumy was appointed as Lecturer Grade I in the scale of pay of Rs.2200-4000/- for teaching Tamil language with effect from 03.08.1998 and one Sunitha was appointed on 14.07.1999 as Lecturer in Dance Department in the same scale of pay after advertising the vacancy and they have not challenged the order and are satisfied with their placement in their departments, which, in our considered opinion, is not a relevant factor for deciding the issue.
22. Becoming qualified for being considered for appointment cannot be equated with getting a right to be appointed retrospectively with effect from the date on which all the temporary appointments were made. The second respondent is not entitled to give seniority to the persons whose appointments have been regularised so as to adversely affect the vested rights of the directly recruited persons who hold the posts in a substantive capacity. They cannot become junior to those whose appointments were regularised merely because by way of temporary arrangements. We are, therefore, of the considered view that the second respondent would be at error in making the seniority list so as to give the originally temporarily appointed persons seniority over the directly recruited persons. Hence, we direct the second respondent not to disturb the seniority of the appellants, who have been appointed directly and, instead, place them above the respondents 3 to 23.
23. Though the appellants had challenged the notification of the second respondent, dated 21.03.2000, in toto, since we have ordered for their seniority over the respondents, it is not necessary to quash the entire notification as sought for in the Writ Petition, as the very ordering of seniority of the appellants would subserve the ends of justice.
24. Writ Appeal is allowed in part, modifying the order of the learned single Judge. No costs. Consequently, the connected M.P.Nos.1,2 and 3 of 2007 are closed.
W.P.No.22735/2008 :
In view of the above judgment passed in the Writ Appeal, this Writ Petition stands dismissed. No costs. Consequently, the connected M.P.No.1 of 2008 is also dismissed.
dixit To
1.The Secretary for Education, Government of Pondicherry, Pondicherry 605 007.
2.University Grants Commission, Bahadur Shah Zafar Marg, New Delhi 110 002.
3.The Deputy Registrar, Pondicherry University, R.V.Nagar, Kalapet, Puducherry 605 014.
4.The Secretary to Government, Union of India, Union Territory of Puducherry, Department of Art & Culture, Govt.of Puducherry, Puducherry.
5.The Director of Art & Culture, Govt.of Puducherry, Puducherry