A KAVITHA Vs. REGISTRAR BHARATHIAR UNIVERSITY

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in respect of (i) impugned order of the 1st Respondent in Ref. No. 11058/a2/98 dated 15. 7. 99 and (ii) impugned termination order issued by the 3rd Respondent College in Ref. No. A1/340/cs/2000 dated 18. 5. 2000 and quash the condition that the Petitioner should pass NET/slet within two years time from 19. 5. 1998 failing which Petitioner's services shall be terminated and consequently direct the Respondents to restore the Petitioner's appointment and approval for the Petitioner continuation as Lecturer in 3rd Respondent's College in Aided stream in the Department of Computer Science. Writ Petition has been filed seeking to quash the impugned order dated 15. 7. 1999 made in letter No. 11058/a2/98 by Bharathiar University terminating the services of the Petitioner imposing condition to pass NET/slet within two years time.

(2.) PETITIONER has obtained Master's degree in Computer Application with first class in Bharathiar University, Coimbatore in May 1996. Her name was sponsered by employment exchange, Chennai in its statement No. A1/21/cs/98 dated 16. 7. 98 to the 3rd Respondent's college. Petitioner was selected and she was appointed as Lecturer in Computer Science with effect from 20. 8. 98.

(3.) CASE of the Petitioner is that approval for appointing her as Lecturer was granted on 7. 9. 98 in Ref. No. 11058/e2/98. University Grants Commission (for short U. G. C.) had issued guidelines stating that qualification in NET/slet was mandatory and the same was accepted by the University on 13. 1. 99. Pursuant to the guidelines prescribed by U. G. C. revised norms for qualification was forwarded to all colleges for the post of Lecturer. By the impugned communication dated 15. 7. 99, 1st Respondent University has informed that Petitioner would be eligible for the post of Lecturer in Computer Science (Aided) with effect from 20. 8. 98 subject to passing NET/slet within two years from 19. 5. 98, failing which her services shall be terminated. Case of the Petitioner is that imposition of condition that she should acquire NET/slet within two years from the date of U. G. C. letter dated 19. 5. 98 is exfacie and illegal. According to the Petitioner, the act of University making U. G. C. guildelines retrospectively is illegal and ultra vires its powers and therefore, seeks to quash the impugned order of the 1st Respondent- University and the impugned termination order issued by the 3rd Respondent college.