Case Note & Summary
The petitioner, J. Devi, was appointed as Professor in Tamil Literature at Tamil University, Thanjavur, on 03.06.2017. Her appointment was challenged by an unsuccessful candidate in WP(MD)No.18392 of 2018, which was dismissed by the Madras High Court on 07.07.2022, holding that the Selection Committee had rightly concluded that the petitioner was more suited for the post. Despite this, the University issued a show-cause notice dated 20.03.2023, calling upon the petitioner to explain audit objections for the year 2021-2022, which alleged that her appointment was made by relaxing rules because her signature was not in the PBAS application form and she did not possess the required ten years' experience excluding M.Phil. and Ph.D. research period. The petitioner filed WP(MD)No.6760 of 2023 to quash the notice and WP(MD)No.8747 of 2023 seeking regularization of her services. The court found that the grounds raised in the show-cause notice were the same as those already considered and rejected in the earlier writ petition. The University had also supported the petitioner's appointment in its counter affidavit in that case. The court held that the impugned notice was an abuse of the process of court and could not be sustained. Consequently, the court quashed the notice and directed the University to regularize the petitioner's services from the date of her initial appointment, i.e., 03.06.2017, within a period of eight weeks.
Headnote
A) Service Law - Regularization - Prior Judicial Approval - Res Judicata - The petitioner was appointed as Professor in Tamil University and her appointment was challenged by an unsuccessful candidate in WP(MD)No.18392 of 2018, which was dismissed by this Court on 07.07.2022, upholding the selection. The University subsequently issued a show-cause notice dated 20.03.2023 based on audit objections raising the same grounds (lack of signature in PBAS form and insufficient experience). Held that the University cannot reopen issues already adjudicated by a competent court; the show-cause notice is an abuse of process and is quashed. (Paras 3-5, 7-8) B) Service Law - Regularization - Entitlement - The petitioner has been working as Professor since 03.06.2017 against a regular sanctioned vacancy and her appointment was upheld by the court. Held that she is entitled to regularization of her services from the date of her initial appointment. (Paras 1, 9)
Issue of Consideration
Whether the respondent University can issue a show-cause notice to the petitioner based on audit objections raising grounds that were already considered and rejected by this Court in an earlier writ petition challenging the same appointment.
Final Decision
The impugned notice dated 20.03.2023 in WP(MD)No.6760 of 2023 is quashed. The respondents are directed to regularize the services of the petitioner as Professor – Tamil Literature in the respondent University from the date of her joining i.e., 03.06.2017, within a period of eight weeks from the date of receipt of a copy of this order.
Law Points
- Res Judicata
- Abuse of Process of Court
- Regularization of Service
- Audit Objections Cannot Override Judicial Determination
- UGC Norms
