HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 886 OF 2011 Between: Dr. R. Vivekananda Gopal, S/o Late R. Raghavan ………….Appellant AND Dr. A. Bhoologa Rambai D/o P. Arpudha Swamy and one another ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Appeal is directed against the judgment rendered in W.P.No. 11936 of 2011, instituted by the ﬁrst respondent herein, challenging the appointment of the appellant herein, as an Associate Professor, on a temporary basis by the second respondent-University. The second respondent-University has issued a notiﬁcation on 18.3.2008 inviting applications from the eligible candidates for ﬁlling up various teaching posts and amongst them one post of Professor and two posts of Associate Professors and one post of Assistant Professor in Tamil and Translation studies were notiﬁed. Qualiﬁcations required to be possessed by the candidates have also been specified. It is further notiﬁed that one of the posts of Associate Professors has been reserved for open competition (Women category) while the other post is reserved for Schedule Caste category. The grievance of the writ petitioner is that the appellant has applied for the post of Professor of Tamil and Translation Studies. But however, he came to be appointed as Associated Professor in Tamil and Translation Studies on temporary basis by the proceedings dated 31st March 2008 of the second respondent-University. Apart from that, the appellant having not applied for the post of Associate Professor, he neither ﬁts into Schedule Caste category nor can he be appointed against the vacancy meant to be ﬁlled in by OC Woman category candidate. The Selection Committee could not ﬁnd any other applicants for the post of Associate Professor worthy of selection and similarly the Selection Committee also did not select the appellant to the post of Professor. In those set of circumstances, the learned Judge has held that the appointment of the appellant cannot be sustained in law and hence, allowed the Writ Petition. The learned Judge also directed the second respondent-University to take prompt steps for ﬁlling up the posts in accordance with law. Heard Sri Vedula Venkataramana, learned Senior Counsel appearing on behalf of the appellant as well as Sri Challa Siva Shankar, learned counsel for the ﬁrst respondent-writ petitioner and Sri B. Parameshwara Rao, leaned Standing Counsel for the respondent-University. The basic fact, as narrated supra, was not at all in dispute. All that the learned Senior Counsel would contend is that while directing the second respondent-University to take necessary steps for filling up the posts of Professor as well as the Associate Professor in Tamil and Translation Studies, the learned Judge had failed to notice that the appellant has been appointed as an Associate Professor only on temporary basis, as there is no candidate available for undertaking the teaching work in the said discipline. The University has also taken the same stand that there is no candidate available for the purpose of undertaking the teaching work for Tamil and Translation Studies, hence, the appointment of the appellant on temporary basis as an Associate Professor cannot be faulted with and it is only purely a temporary arrangement. The appellant having applied for the post of Professor, will not have any right to continue in service as an Associate Professor in the second respondent-University. This position is not challenged or disputed by the learned Senior Counsel. In the absence of any other person to undertake the teaching of Tamil and Translation Studies, we cannot completely ﬁnd fault with the decision of the Executive Counsel of the respondent- University to appoint the appellant as an Associate Professor on temporary basis so that the teaching work is carried in the interregnum period. But however, such temporary arrangement cannot be allowed to continue for an indefinitely prolonged period. Such temporary arrangement must be brought to a close at some stage or the other. Therefore, the most appropriate course of action to be adopted in such circumstances, according to us, would be to direct the second respondent-University to take all such necessary measures for ﬁlling up the post of Professor as well as Associate Professors in Tamil and Translation Studies, as early as possible, by taking out an appropriate advertisement in newspaper which are in circulation at important locations such as Chennai, Madhurai, Trichy and Coimbattore in the neighbouring state of Tamil Nadu also, preferably within a period of six months from today. Till then, the services of the appellant herein, can be continued as an Associate Professor on a temporary basis. Except to the extent of modifying the direction issued by the learned Single Judge, as indicated supra, this Writ Appeal stands disposed of. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ________________________________ NOOTY RAMAMOHANA RAO, J DATE: 24.11.2011 KA ... 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