Chennai: Noting that not even a single Scheduled Tribe candidate is appointed as law professor in the law colleges and Law University in free India since independence, the Madras high court has directed the Tamil Nadu government to ensure proper implementation of Rule of Reservation in appointments by maintaining adequate representation of all the communities as per the Constitutional mandate and in order to reach social justice.
Justice S. M. Subramaniam who gave the directive said, “In the event of any lapses, or negligence on the part of the executives, then the government is directed to initiate appropriate prosecutions and disciplinary proceedings against all such executives, who all are responsible for erroneous or non-implementation of the statutes and the Constitutional mandates”.
The judge directed the University Grants Commission to appoint a Special Inspection Committee to identify the illegal and irregular appointments (law teachers and professors) made in Tamil Nadu Dr.Ambedkar Law University and its affiliated colleges with reference to the UGC Regulations and Tamil Nadu Dr.Ambedkar Law University Act and accordingly, initiate appropriate actions against all such illegalities and irregularities in consonance with the relevant statutes. “The Executives, who all are responsible and accountable, are also to be prosecuted and disciplinary proceedings are to be initiated in accordance with law”, the judge added.
The judge was allowing two petitions from Swaathi Priya G. and K.Gunanidhi. Gunanidhi sought to quash the Recruitment notification dated July 18, 2018 and to direct the state government to issue fresh notification by providing reservation to the Scheduled Tribe candidate in the subject of Labour Law and Administrative Law. Swaathi Priya sought to the quash the same notification and to direct the state government to issue a fresh notification providing reservation for Scheduled Tribe for the post of Assistant Professors (Criminal Law) in government law colleges.
Taking note of the discrepancies and erroneous implementation of 200 point Roster system as well as its workability, while appointing the Law Teachers on subject wise basis with reference to Section 27 read with Schedule V of the Tamil Nadu Government Servants (conditions and services) Act, 2016, the judge passed the order.
The judge quashed the notification dated July 18, 2018 to the extent of the current vacancies notified for recruitment to the posts of International Law-10 vacancies, Labour Law -12 vacancies, Constitutional Law-15 vacancies and Administrative Law-10 vacancies. In respect of the other subjects and the respective vacancies notified, the authorities were directed to review the selection list now under preparation pursuant to the notification, and arrange the merit selection list strictly in consonance with the principles laid down by the Supreme Court in the case of Rajesh Kumar Daira, while implementing the Vertical and Horizontal Reservations and also by following 200 point roster system scrupulously, as per section 27 read with Schedule V of the Act, the judge added.
The judge said while implementing the Rules of Reservation as directed above by reviewing the selection list, the appointments already made pursuant to the two recruitments of the years 2010-2011 and 2013-2014, need not be disturbed. However, the adjustments, if any were to be made, in order to comply with the Rule of Reservation, was to be done with reference to the current selection list now under preparation, or by issuing a fresh recruitment notification whichever was feasible, the judge added....