Universities, government and job providers should act in a coordinated way so that there is no hassle for candidates to complete a course and seek job opportunities, observed the Madurai Bench of the Madras High Court while directing the Annamalai University to retain a petitioner in the post of Special Officer.
The court was hearing petitions filed by A.V. Vahitha Begum in 2016 and 2017. In 2011, she was appointed as Special Officer. She received a communication from the University in 2016 stating that the appointment of the Special Officers came under Special Service Rules and the petitioner did not have the requisite qualification for the said post.
She completed her Class 10 and 12 and obtained PG through Open University course without going through UG, but subsequently completed UG. The petitioner's appointment as Special Officer Grade I was cancelled and modified as Lab Attender. The pay fixation was also modified. Aggrieved over the same, the petitioner filed the petitions.
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Justice S. Srimathy observed that Annamalai University had offered Open University courses and several candidates had passed such degrees with legitimate expectation. Thereafter, Annamalai University called for ‘walk-in-interview’ and appointed such persons.
The petitioner and similarly placed persons were appointed and allowed to continue to work. Thereafter, the government took over the university after several allegations of maladministration were reported. After taking over, the government had held that such appointments were illegal. The appointments made prior to taking over of the university cannot be disturbed, the court said.
The court observed that such an issue arises due to lack of proper policy decision. Annamalai University while admitting candidates under Open University system ought to have fixed the qualification for the admission to PG course as, ‘should have completed UG degree’. But Annamalai University had never fixed such a qualification before admitting the students. If a course was not acceptable for any job, then such a course should never be offered at all. When the university was offering such courses, then it gives a legitimate expectation to the candidates to take up the course for their career advancement.
In the new education policy, a scheme has been formulated to recognise the qualification completed every year. If a person has completed first year in under graduation, that would be recognised. If a person has completed second year that can be recognised. Likewise, the completion of each and every year of course is recognised. This was formulated since several candidates could not complete the course due to family circumstances and various other reasons. Persons spending their life, time and money to qualify themselves for higher studies ought to be recognised, that too in India, any gain of knowledge is given due recognition from our ancient time onwards, the judge observed.
The court was of the considered opinion that the government having taken over the university, was bound to protect the persons already recruited, the judge said and directed the university to retain the petitioner in the post of Special Officer and disburse the salary as applicable to the post of Special Officer.
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