REGISTRAR UNIVERSITY OF MADRAS Vs. M MUTHUSWAMI

JUDGEMENT

(1.) THE Writ Appeal relates to the question as to whether the respondent-writ petitioner who was working at the relevant point of time as a Technical Assistant, could be either promoted or re-designated as an Assistant Librarian in the University of Madras.

(2.) THERE are certain earlier litigations at the instance of the respondent-writ petitioner-Technical Assistant and the appellant-University of Madras and we are not referring to those proceedings in this order as they are not necessary for the disposal of this Writ Appeal.

(3.) THE said communication of the University of Madras, dated 30.5.1996 was questioned in Writ Petition in question and the same was allowed by the order under challenge in this Writ Appeal, on two grounds: Firstly, the learned single Judge accepted the submission made on behalf of the respondent-writ petitioner as to the Resolution of the Syndicate of the University of Madras, dated 15..3.1996, authorising the Vice Chancellor to give effect to the orders of the Syndicate for appointment, dismissal and suspension of the teachers of the University of Madras and its servants. In view of that Resolution, the upgradation ought to have been made or in any event, the respondent-writ petitioner ought to have been promoted. Secondly, the University Grants Commission's Regulations, dated 20.2.1990 is only recommendatory and it is not binding on the University and therefore, the University cannot insist the respondent-writ petitioner to obtain the national level test for qualifying himself to be considered for promotion to the post of Assistant Librarian. THE above order of the learned single Judge is put in issue in this Writ Appeal at the instance of the University of Madras.