The Hindu : Tamil Nadu / Chennai News : Petitions seeking direction to Bharathiar varsity dismissed

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Tamil Nadu

Tamil Nadu - Chennai

Petitions seeking direction to Bharathiar varsity dismissed

K.T. Sangameswaran

CHENNAI: The Madras High Court has dismissed two writ petitions seeking a direction to Bharathiar University, Coimbatore, to call for a fresh advertisement for appointing the Director, School of Distance Education (SDE), as per the university’s norms and guidelines.

However, the court has observed that the views expressed by the Distance Education Council (DEC) could not be undermined by the university when it framed the statute providing for the post of Dean, SDE. In his common order, Justice K. Chandru said that in the absence of any mandatory obligation on the part of the university to be bound by the DEC’s circulars, the court could not direct the university to prescribe a particular qualification for the post of Director, SDE. Further, the university Syndicate was empowered to prescribe qualification and create posts.

Non-academic post

In the present case, the advertisement itself stated that the post was temporary and persons were liable to be retired at the age of 58 years, thus making it clear that it was only a non-academic post. Hence, the court was unable to interfere with the advertisement issued and the consequential selection.

Petitioner M.D. Rajukumar’s grievance was that the Director, SDE, should be an academic person. The post should not be filled with non-teaching staff holding the post of Deputy Registrar. He urged the court to call for the records connected with the advertisement for appointing the Director and quash the same. He also sought a direction to the university to issue a fresh advertisement.

Mr. Justice Chandru observed that in all universities, the Director’s post was reserved for the academic side. Since Bharathiar University’s statute had not been amended and the post not incorporated as a part of it, there was nothing wrong in the advertisement.

But, at the same time, considering the fact that Parliament had created the DEC under the Indira Gandhi National Open University Act and such council had been permitted to lay down coordination and standards in the matter of distance education by all the universities concerned, the views expressed by the DEC could not be undermined by Bharathiar University when it framed statute providing for the post of Dean, SDE.

It must be only an academic position. While framing statutes creating permanent posts, the university should take note of the DEC’s advice. The university should also provide necessary qualifications treating the Dean, SDE, as an academician.

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