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Judgment
P.D. Dinakaran, J.—Admittedly, the Petitioners who were working as Readers in the Institute of Corresponding Courses and Continued
Education (hereinafter referred to as ""ICC & CE""''). Madurai Kamaraj University were transferred and appointed as Readers in Geography, in the
Department of Geography in the Respondent University from 16.11.1987. and are covered by Chapter VI of the Laws of the University Statutes
relating to the Professors. Readers and Lecturers of the University. However, a Sub-Committee constituted for fixing seniority of teaching staff of
Madurai Kamaraj University (Regular) Department and ICC & CE (transfers), after satisfying themselves that the appointment of the Petitioners
by transfer from ICC & CE could not be invalidated, recommended as under:
(i) to maintain separate attendance registers, namely, one for the regular department staff and other for ICC & CE staff transferred to regular
department;
(ii) to maintain separate seniority for the regular department staff and ICC & CE staff etc., etc.,:
(iii) that, in the absence of Head of Department, one among the senior most staff of the regular department will be put in charge of the department,
inspite of the finding that in case a Head of Department vacancy arises, the regular staff and ICC & CE staff are eligible to apply and appear
before the Selection Committee ; and
(iv) that ICC & CE staff transferred to regular department cannot claim to be incharge of the parent department of ICC & CE in the absence of
Head of Department in the ICC & CE departments.
That apart, the Sub-Committee also permitted the transferred ICC & CE staff to go back to the parent department.
The above recommendations of the Sub-Committee dated 6.5.1994 were accepted by the Syndicate in their resolution ref. No: 57. dated
11.5.1994, which reads as follows:
Considered the recommendation of the Syndicate Sub-Committee constituted for fixing the seniority of Madurai Kamaraj University Regular
Department teaching staff and ICC & CE teaching staff transferred to regular department and vice-versa together with the office note thereon.
RESOLVED that the recommendations of the Syndicate Sub-Committee constituted for fixing the seniority of Madurai Kamaraj University regular
Department teaching staff and ICC & CE teaching staff transferred to regular Departments and vice-versa be approved and the Vice-Chancellor
be authorised to take further action in the matter.
Aggrieved by the said resolution dated 11.5.1994, the Petitioner seeks a writ of Certiorarified Mandamus to call for the records from the
Respondent in Ref. No. 57 (File. Estt. (T)). dated 11.5.1994. quash the same and to consequently direct the Respondent to fix seniority of the
Petitioners from the date of their joining the University.
Admittedly, the University once for all closed the Geography Department in ICC & CE and only in consequence of such closure, the Petitioners
were transferred as Readers in Geography Regular Department as per the order of the Respondent dated 16.11.1987. Therefore, the question of
transferring the Petitioners back to the parent department does not arise. For the very same reason that the Geography Department in ICC & CE
had been closed once for all. the question of Petitioners claiming Head of Department post in the ICC & CE also does not arise.
Once the Sub-Committee and the Respondent-University are satisfied that the transfer of the Petitioners as Readers in Geography Department
made on administrative grounds cannot be invalidated and that the Regular staff as well as the ICC & CE staff are eligible to apply and appear
before the Selection Committee when the Head of the Department vacancy arises. I do not find any reason to treat the staff of the regular
department and ICC & CE on different footing: nor to require them to maintain two separate attendance registers. namely, one for regular
department staff and other for ICC & CE staff transferred to regular department: nor to maintain separate seniority list for each of them. Therefore,
the recommendations of the Sub-Committee dated 6.5.1994 and the consequential approval of the Syndicate dated 11.5.1994. in my considered
opinion are arbitrary, unreasonable, discriminatory and violative of Article 14 of the Constitution of India.
Once such a procedure treating the regular staff and the staff transferred from ICC &. CE on different footing is held arbitrary, unreasonable,
discriminatory and violative of Article 14 of the Constitution of India, I do not find any reason in the recommendation that the senior-most staff of
the regular department alone would be put in charge of the department in the absence of Head of Department, as otherwise, the right of the staff
transferred from ICC & CE. even though his seniority with reference to the date of appointment is not disputed, would be arbitrarily and
unreasonably offended. Therefore, in the absence of Head of Department, the senior-most Professor among the regular staff as well as the staff
transferred from ICC & CE would be entitled to function as the Head of the Department, as even the transferred staff from ICC & CE are equally
eligible to appear for the Head of Department post.
Hence. 1 am obliged to interfere with the recommendations of the Sub-Committee dated 6.5.1994. as approved by the Syndicate in Resolution
No. 57 dated 11.5.1994. quash the same and consequently direct the Respondent to prepare an interse seniority among the staff of the regular
department as well as the staff transferred from ICC & CE. With reference to their date of transfer in the regular department.
This writ petition is ordered accordingly. No costs. Consequently. W.M.P. No. 16296 of 1994 is closed.