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S. Shanmughavel vs The Registrar

Madras High Court|09 November, 2009

JUDGMENT / ORDER

The writ petition is filed to direct the respondent to give preference in selecting the candidate for the lecturer post in Teaching Ancient History and Archaeology/Tourism from the persons holding the Master Degree Qualification in Ancient History and Archeology with additional qualification and in the interview conducted by the respondent on 24.7.2004.
2. The petitioner is qualified in M.A.,M.Phil., (Ancient History and Archaeology). He also possessed the following additional qualifications:-
(i)Certificate Court in Manuscriptology from Institute of Asian Studies.
(ii) Intensive Course in Indian Culture from Sri.Chandrasekarendra Saraswathi Viswa Maha Vidyalaya, Kancheepuram.
(iii) Refresher Course in Care of Museum Objects conducted by Government Museum, Egmore, Chennai.
(iv) Certificate Course in Grantha Script conducted by C.P.Ramaswamy Indologial Research Institute, Alwarpet, Chennai.
Petitioner has completed several projects and submitted the thesis for M.Phil. Course. Petitioner states that he is pursuing a degree -Doctorate in Philosophy. Petitioner has authored several articles, which have been published in journals. The petitioner further states that he is physically challenged person and belongs to Hindu Adi Dravidar/ S.C.Community. After reaching the above level in education in spite of his social status, for the first time, he was called for interview on 24.7.2004 to the post of lecturer in Indian History and Archaeology/Tourism as published in English News Paper  Hindu on 19.5.2004. According to the petitioner, he attended the interview held on 24.7.2004 but was not selected. The grievance of the petitioner is that his merit was not properly considered and consequently, he was not selected in the interview held on 24.7.2004. The present writ petition has been filed for Mandamus for the aforesaid relief.
3. The respondent has been noticed. No counter has been filed so far.
4. In support of the plea in the writ petition, a copy of the community certificate and disability certificate has been enclosed along with the degree certificates. The facts as stated by the petitioner clearly reveals the anguish and pain of the educated youth of this Country seeking suitable employment. The petitioner, in this case, is one among the many lesser mortals, who seek Court's intervention for suitable employment.
5. The petitioner is a physically challenged person and comes from the lower strata of Society and therefore, the Rule of reservation and such other benefits as available to person of his kind will have to be extended as per law. The educational qualifications of the petitioner exhibits his tenacity and capability in pursuing higher education and the will to reach great heights inspite of his physical disability and social disadvantages. The Court cannot adorn the role of the executive or the State, neverthless it can ensure at cause of citizen of the kind as that of the petitioner is not silenced, overlooked and buried under the dust of administration. The authorities may need to be directed to consider. Such claims with care and interest as social order rest on sustained development of under developed and socially deprived class.
6. Keeping this in mind, the respondent University may consider the case of the petitioner for suitable employment taking into account his educational qualifications and also considering the other parameters namely the petitioner's social status, physical disablement, subject however to any other requirement under law that requires to be complied with.
7. In the peculiar facts of this case, the Court is constrained to implore upon the Vice Chancellor and the Registrar of Madras University, Chennai, the respondent herein to consider the grievance of the petitioner on merits. The Registrar of the respondent University is directed to place the matter before the Vice Chancellor or any other appropriate forum for suitable remedial action as expeditiously as possible. This writ petition is disposed of with the above observation and direction. No costs.
ra To
1. The Registrar, University of Madras, Chennai 5
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Title

S. Shanmughavel vs The Registrar

Court

Madras High Court

JudgmentDate
09 November, 2009