Order To Remove Unqualified Teachers In Law University.

The Madras high court directed the authorities to conduct an enquiry in respect of the allegations of large scale of induction of teaching staff in law colleges and the law university without insisting on the requisite educational qualifications.

The court warned that if it is found such appointments of law teachers in law colleges and law universities based on favouritism and nepotism have been made, then prosecutions and appropriate actions are to be initiated against all such public servants and the officials concerned.

Passing further interim orders on a petition from D.Shankar, a professor, Tamil Nadu Dr. Ambedkar Law University, Justice S.M. Subramaniam said, “This court is able to visualise that the appointments contrary to the UGC regulations would have been made only on certain extraneous considerations. It would not be difficult for the authorities to verify the educational qualification with reference to the UGC regulations and appoint the teaching staff. If that is not done, certainly, it is not only the concern of the court it is detrimental to the interest of the public at large”. He also gave the direction while passing interim orders on a writ petition from Dr D Sankar seeking to quash an order, dated August 12, 2015, of the university Vice-Chancellor and consequently to reinstate him as the University Registrar.

Enquiry in respect of unqualified teachers is to be conducted without any further delay. In the event of identifying appointments on favouritism and nepotism, then suitable actions were to be taken against all the persons who were responsible for such appointments of unqualified teachers for imparting legal education in law colleges and the law university, the judge added.

The judge said the Grievance Committee appointed by the Tamil Nadu Dr. Ambedkar Law University, was requested to scrutinise the files relating to the educational qualifications of law teachers, experience, method of appointment, recruitment rules etc., with reference to the UGC regulations in respect of the teaching staff of the law college and law university and submit a report to the Syndicate of the University / Directorate of Legal Studies / Secretary, Law department for consideration and for passing appropriate orders by providing an opportunity to the persons concerned and by following the procedures as contemplated under law.

The syndicate of the university, the Directorate of Legal Studies and the Law Department shall ensure that all contract appointments are made in accordance with terms and conditions of the contract and should take suitable action to appoint lecturers on regular basis for the benefit of the students. They shall also ensure that the quality of legal education is maintained as per the UGC Regulations and the Rules of the Bar Council of India, the judge said.

Deprecating the practice of a teacher or professor pursuing a full time course while simultaneously working as a faculty member, the Madras High Court has made it clear that it cannot be permitted without prior permission from the university or college concerned.

Justice S Vaidyanathan stated this in his recent order while upholding the decision of the Controller of Examinations, who nullified all exams in which a woman faculty member of S A Polytechnic College appeared.