Madras High Court
WA/308/2024 of THE PRESIDENT Vs DEEPA PRIYA on 8 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 308 of 2024 AND
CMP NO. 1898 OF 2024
1. The President
Pondicherry State Co-Operative Union,
Puducherry.
2. The Co-operative College Of Education, Rep. By Its Principal, Co-Operative College Of Education, No.62, Suffren Street, Puducherry.
3. The Administrator
Co-Operative College Of Education, No.62, Suffren Street, Puducherry.
..Appellants
Vs
1. Deepa Priya
W/O.Namatchivayam, Co-Operative College
Of Education, No.62, Suffren Street,
Puducherry.
2. Ezhil Sarojini
W/O.S.Allentitus, Co-Operative College Of Education, No.62, Suffren Street, Puducherry.
3. Gastourybaye
W/o Neelaoli, Co-Operative College Of
Education, No.62, Suffren Street, Puducherry.
4. Tenemojy
W/O.Rajaram, Co-Operative College Of
Education, No.62, Suffren Street, Puducherry.
5. Gajalakshmi
W/O.Venkatesan, Co-Operative College Of
Education, No.62, Suffren Street, Puducherry.
6. The Registrar,
Pondicherry University, Puducherry.
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 01.06.2023 passed in WP.No.790 of 2023.
For Appellant(s):
Mr.R.Sreedhar
For Respondent(s):
M/s. V. Ajaykumar For R1 To R5
M/s.A.V.Bharathi For R6
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The President, Pondicherry State Co-operative Union, Puducherry along with the Administrator, Co-operative College of Education, Puducherry filed the present intra Court appeal challenging the writ order dated 01.06.2023 passed in W.P.No.790 of 2023.
2. Respondents 1 to 5 have instituted a writ of mandamus to direct the appellants herein to pay salary of Lecturers (Assistant Professors) with effect from the date on which they were appointed. Respondents 1 to 5 were appointed as Lecturers in the Co-operative College of Education administered by the Cooperative Union under the Cooperative Department. The engagement letter issued to the respondents would show that they were appointed to the post of Lecturers on temporary basis on consolidated pay. However, they were informed to acquire NET / SLET qualification as per the University Grants Commission (UGC) norms. The said office order was passed in the year February 2009,
3. The writ Court has allowed the writ petition by directing the appellants to pay salary with effect from the date on which they were temporarily appointed along with arrears. The point to be considered is whether the respondents 1 to 5 are eligible to be appointed as Lecturers in the College. Further, it is to be examined whether the respondents 1 to 5 acquired the requisite qualification as per the UGC regulations.
4. UGC (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) (3rd amendment) Regulations, 2009 was notified on 01.06.2009. As per the said Regulations, following is the qualification for appointment as Lecturers in Colleges.
“NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities / Colleges / Institutions. Provided, however, that candidates, who are or have been awarded Ph.D degree in compliance of the "University Grants Commission (minimum standards and procedure for award of Ph.D. Degree) Regulation 2009 shall be exempt from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions."
5. In view of the fact that unqualified teachers are allowed to continue in services, the appellant is facing actions from the Pondicherry University, frequent communications are sent to the appellant college that they will not grant affiliation unless the appellant appoints qualified lecturers in the college to teach the students as per the UGC norms.
6. During the pendency of the writ petition and the present writ appeal, the first respondent Smt.Deepa Priya and the second respondent Smt.Ezhil Sarojini passed SLET qualification. Therefore, they are eligible to continue as Lecturers. As far as respondents 3 and 4 viz.,Smt.Gastourybaye and Smt.Tenemojy are concerned, they have not passed the requisite qualification of NET / SLET. The 5th respondent Smt.Gajalakshmi has resigned from the post of Lecturer on 25.02.2014.
7. In view of the fact that at the time of filing of the writ petition, none of the respondents had possessed requisite educational qualification as contemplated under the UGC Regulations, the relief granted by the Writ Court is not in consonance with the educational qualification prescribed for appointment to the post of Lecturers in colleges. Since the respondents 1 and 2 have now cleared the examination, their cases are to be considered in the light of the UGC Regulations. However, the lecturers who have not passed the requisite examinations of NET / SLET, appropriate orders are to be passed by the appellant Management. As far as the 5th respondent Smt.Gajalakshmi, no further consideration is required.
8. The appellants are directed to pass appropriate orders dealing with the cases of the respondents 1 to 5 in accordance with the UGC Regulations by following the procedures as expeditiously as possible. Accordingly, the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST To The Registrar, Pondicherry University, Puducherry. WA No. 308 of 2024 AND CMP NO. 1898 OF 2024 08-09-2026