Madras high court: Teaching faculty post can't be kept vacant for long period

Chennai: Pointing out that any post in teaching faculty cannot be kept vacant for a long period, Madras high court has dismissed an appeal, seeking to quash an interim order of a single judge, which vacated its earlier interim order directing Thiruvalluvar university to keep one post of assistant professor (Tamil) vacant.
A division bench comprising Justices S. Manikumar and Subramonium Prasad dismissed the appeal filed by M. Muthukumar, challenging an order dated July 25, 2018, of a single judge vacating his earlier interim order.

Thiruvalluvar university, Vellore, called for applications for direct recruitment of 13 posts of assistant professor of Tamil in its six constituent colleges. Out of 13 posts, two posts were reserved for backward classes. Muthukumar had appeared for the interview. The interview was challenged by him on the ground that the selection process was not in accordance with UGC regulations. An interim order was passed on July 13, 2015 restraining the University from filling up the post. The order was modified by an order dated December 22, 2015 directing the university to reserve one post of assistant professor in Tamil department.

Later, while considering the petition to vacate the interim order, the single judge had on July 25, 2018, said, “The interim order, to keep one post vacant for an unspecified period can never be construed as a balancing order. The post of assistant professor (Tamil) in the colleges is an important post. A college cannot function without professors. 

If posts of professors are kept vacant by the court for an unspecified period, then this court is afraid that the very administration of the college in respect of the teaching faculty will be paralysed. Even in case of granting such an interim relief, it must be for a shorter period, so that the issues raised in the petition can be adjudicated. In order to have a pragmatic approach, this court is of an opinion that such orders of keeping one post vacant must be for a shorter period and not for an unspecified period.”

Aggrieved, Muthukumar filed the present appeal. Dismissing the appeal, the bench said there was no infirmity in the order passed by the single judge. A post cannot be kept vacant for a long period. Interest of students will suffer, if the post was kept vacant, the bench added.