The Madras High Court has given a series of guidelines on university appointments in Tamil Nadu, including the possibility of termination of staffs who convert religion to secure job.
Justice R Mahadevan gave the directives while hearing a case involving many irregularities by Bharathiar University, Coimbatore, in the appointment of M. Gowthaman as Assistant Technical Officer (Library) and later elevation to Technical Officer.
Justice Mahadevan also asked the university to prosecute the members of the selection committee who were responsible for M Gowthaman’s illegitimate appointment to the job in violation of the rules.
The judge disposed of the writ petition filed by Dr. K Ramesh and two others, challenging Gowthaman’s appointment. Unfortunately, the illegal appointment was not canceled and Gowthaman was allowed to retire. However, the court said that the accused cannot be permitted to enjoy the fruits of such illegal appointment in the form of future benefits any further. The Judge ordered that the payment of pension should be computed to the post of Assistant Technical Officer (Library), for which he was actually eligible and the excess amount paid should be recovered from him.
The court further stated that culpability should be attributed not just to the person who gained the employment unlawfully, but also to the selection committee.
“In some cases, the candidate may have willfully provided false information in order to get employment, and in such circumstances, the appointment must be terminated as soon as possible,” the court observed. Terming the appointment illegal, the court said it considered it necessary to issue certain directions which are applicable to all universities.
The guidelines include: a.) immediate revocation of the appointment if it was found to be illegal, b.) recovery of the salary paid from members of the selection committee and appropriate legal action against them, c.) recovery of salary and other benefits if the candidate provided false information to secure employment, and d.) revoke the right to appointment, If a person who acquired a job under reservation converts to another faith before or after the appointment in order to get a job.
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