R PERUMALSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner seeks Writ of Certiorarified Mandamus to quash the Proceedings of the 3rd Respondent in N.MSU/CD/QA/36/2001 dated 28.11.2002 and direct the Respondents to approve the appointment of the Petitioner as Lecturer and to pay salary to the Petitioner for the services rendered by him from 17.09.2001 to 27.3.2002 relaxing the qualification so as to enable the Petitioner to get regular appointment as Lecturer.

(2.) Briefly stated case of Petitioner is as follows:- Petitioner passed M.A. Degree in Economics from Bharathiar University in the year 1987 by securing 54.94 percentage of mark and he had also passed M.Phil in 1990 and registered his name in the Employment Exchange. 4th Respondent Management appointed the Petitioner w.e.f. 22.08.2001 and the papers were forwarded for approval to the 3rd Respondent University and also for claiming salary. 3rd Respondent rejected the approval on the ground that Petitioner was not having 55 percentage of mark in the P.G. Decree as per the UGC norms. Petitioner made representation dated 04.02.2002 to the UGC through the 4th Respondent to grant approval of his appointment. Further case of Petitioner is that since the representation of the Petitioner was not considered, he had filed W.P.No.35062/2002 wherein the High Court issued a direction to take action on the representation of the Petitioner to the UGC and the 3rd Respondent has passed the impugned order dated 28.11.2002 that approval as Lecturer in Economics cannot be complied with which led to the filing of the present Writ Petition.

(3.) 2nd Respondent-UGC has filed counter contending that as per the UGC Regulations 2000, no rounding off marks obtained at the P.G. level, which is below from 55 percentage can be permitted in order to meet the requisite qualification as prescribed under the regulation and prayed for dismissal of the Writ Petition.