High Court Asks Madras University To Frame Statutes To Govern Service Conditions Of Employees To Bring Transparency In Appointment & Promotion

The bench of Justice R Suresh Kumar and Justice K Kumaresh Babu directed the University to frame the guidelines within six months and also directed the State Government to govern the service conditions of the employees. The court also pointed out that such regulation would not govern the teaching faculty as they are governed by the University Grants Commission.

“In such circumstances, we are constrained to direct the first appellant University to frame statutes to govern the service conditions of its employees. We would also request the State Government to look into the matter. If there is a failure on the part of the University to frame such service statutes within a period of six months from the date of receipt of a copy of this judgment, we would embark to request the Government of Tamil Nadu to frame regulations to govern the service conditions of the employees of the Madras University,” the court said.

The court was hearing an appeal preferred by the University against the order of a single judge asking it to promote the first respondent Dr UT Manisundar as Joint Director as per the recommendation of the Task Force of Distance Education Council.

It was informed that Manisundar was initially appointed as a System Analyst on a contractual basis for a period of one year and subsequently, his service was regularized. Manisundar had approached the court alleging that he was denied promotion for two decades. It was informed that when he made representations, the university formed an IT Expert Committee. The Syndicate considered the report of this committee and resolved that the nomenclature of the post of System Analyst may be changed to Principal System Analyst in the same scale of pay. This was challenged before the single judge who ordered Manisundar to be given a promotion.

The University contended that the promotion was not permissible under the laws of the University as the post of Joint Director in the Institute of Correspondence Education was meant for a senior faculty member in the cadre of Professors. It was further informed that a person appointed as a non-teaching staff could not be promoted to hold a post of teaching staff.

The University further informed that though the post of Joint Director was temporary, the syndicate of the University had resolved to fill the same only by a teaching faculty in the cadre of Professor. Thus, Manisundar, being a non-teaching staff could not seek such relief.

The court observed that the University had two different wings namely the teaching and non-teaching staff and a non-teaching staff could not be brought under the teaching norm without following the University Grants Commission norms. Relying upon a communication made by the University Grants Commission, the court noted that a person working on the technical side could be considered for lectureship only in an open category after fulfilling all the required qualifications following the UGC regulations.

Noting that Manisundar had never participated or even applied to be appointed as a teaching staff of the University, the court observed that his claim was misplaced and contrary to the UGC regulations on appointment as teaching staff.

The court also observed that the University did not have any regulations/statutes governing the service conditions of the service condition of its employees and all the decisions were taken by the resolutions of the Syndicate without any parameters. Hence, the court ordered the University to frame the guidelines.

Counsel for the Petitioner: Ms.V.Sudha Standing Counsel for Madras University

Counsel for the Respondent: Mr.P.R.Gopinathan, Mr.T.Sundaravadanam

Citation: 2023 LiveLaw (Mad) 408

Case Title: University of Madras v Dr. UT Manisundar (Died) and others

Case No: W.A.No.1056 of 2015