JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus Calling for records on the file of the 3rd respondent herein relating to the impugned notification bearing Ref.No.7-22/E-2/Esr./MTIHS/2008 dated 05.10.2009 and quash the same and consequently, direct the respondents to consider the case of the petitioner in accordance with the rules for promotion to the post of Professor and redesignate as Principal.) 1. This Writ Petition has been filed challenging the notification of the 3rd respondent herein relating to the impugned notification bearing Ref.No.7- 22/E-2/Esr./MTIHS/2008 dated 05.10.2009 published in the Hindu Daily dated 14.10.2009, calling for the applications for the post of Principal in Nursing in the 3rd respondent Institute by way of direct recruitment from among the holders of Ph.D in any of the specialization in nursing subject. 2. The 2nd respondent is a Society registered under the Societies Act and fully owned and sponsored by the Government of Union Territory of Pondicherry. The Chief Secretary to the Government of Union Territory of Pondicherry is the chair person of the Governing body and all the other members of the governing body are all the officials of the Government and the institution. The 2nd respondent institute runs 3 institutions offering Under Graduate and Post Graduate degree in nursing, Under Graduate and Post Graduate degree in physiotherapy, pharmacy and other courses. Since the college of nursing is established as per the provisions of Indian Nursing Council Act (herein after referred to 'Act') and Pondicherry being the Union territory, the same is under the 4th respondent. 3. The 4th respondent in exercise of its statutory powers, frames relevant rules and norms for the institute. The rules and regulations in respect of the nursing colleges to be followed upto the year, 2012 is governed by the resolutions of the 4th respondent council. As per the present rules, the staffing pattern is Tutor-Lecturer-Reader/ Associate Professor – Professor cum Vice- Principal, Professor-cum-Principal. The essential qualification for the post of professor is Masters' Degree in nursing and 10 years of experience of which 5 years teaching experience. The 5th respondent also has territorial jurisdiction over the second respondent institution and the directions of the 5th respondent are also binding on the 2nd respondent. 4. The essential qualification for the post of professor is Masters' Degree in nursing and 10 years of experience of which 5 years teaching experience. The 5th respondent also has territorial jurisdiction over the second respondent institution and the directions of the 5th respondent are also binding on the 2nd respondent. 4. The recruitment rules for the post of Professors is also framed by the governing body whereby the post of professor is to be filled up by way of promotion from among the persons who hold the post of Readers with 2 years of service or 5 years of service both as Reader and Lecturer put together. The petitioner joined the 2nd respondent Institution as Lecturer with effect from 09.06.2001 and was promoted as Reader with effect from 24.02.2006 and posses P.G. Degree in Nursing and have also registered Research Programme and continuing Ph.D. that is in the year, 2009. At that relevant point of time, 7 posts of Professors in the 3rd respondent institution and all the 7 posts were vacant. By the resolution of the Governing body dated 15.11.2006. The 3rd respondent institution has decided to redesignate the senior most Professor/ Reader in each of the institute to be the Principal. While being so, the 2nd respondent has decided to appoint Principal for the nursing college. The course open to the 3rd respondent is to promote the petitioner or other qualified persons as per the recruitment rules and redesignate the senior most as the Principal. Without doing so, in total violation of the rules, the 3rd respondent issued notification dated 05.10.2009 published in the Hindu dated 14.10.2009 calling for the applications hastily within a period of one week. 5. The petitioner and the other teachers submitted representation to the respondent and also to the Government through their staff association on 07.01.2009, 20.10.2009 and 23.10.2009. But, however, till date the further proceedings in respect of the impugned notifications are not dropped. The minimum qualification is only a P.G. Degree for the post of Principal with M.Phil being the desirable and now by the impugned notification Ph.D. has been made as minimum essential qualification for the post of Principal thereby preventing the person eligible under the recruitment rules to be considered for the post and as such the impugned notification is illegal and is liable to be quashed. 6. 6. The learned counsel appearing for the 1st respondent submitted a status report in which it was stated that the petitioner was initially appointed as Lecturer in Nursing on temporary basis with effect from 09.06.2001 by this institute and was confirmed in the post on 09.06.2003 and she possesses Master of Science in Medical Surgical Nursing and was promoted as Reader carrying the pay scale of Rs.12000-375-16500 with effect from 24.02.2006, on her fulfillment of the method of Recruitment Rules. Subsequently, promoted as Professor in Nursing carrying the pay band of Rs.37400 – 67000 plus Grade Pay Rs.10000 w.e.f 07.08.2012 on regular basis vide office order No.31-47/MTG&RIHS/Estt./E1/2012/978. The petition was designated as Principal in-charge of the college of Nursing, MTPG&RIHS, Puducherrry w.e.f. 13.04.2018 vide office order No. 31-47/MTG&RIHS/Estt./E1/2018/286 and has been holding charge of the post ibid since then. 7. He further submitted that the prayer in the Writ Petition has been granted by the institute and in regard to the appointment of the petitioner to the post of the Principal in nursing on regular basis in accordance with the Recruitment Rules. He submitted that one Dr.J.Rukumani, worked as Professor-cum Principal in-charge (Retired) in College of Nursing in MRPG&RIHS has filed the W.P.No.140100 of 2018 praying for the enhancement of superannuation age of the faculty working in MRPG&RIHS from 62 to 65. In this regard, it is submitted that the 25th Governing Body of this Institute in its meeting held on 04.07.2017 did not approve the enhancement of superannuation from 62 to 65. The said Dr.J.Rukumani had attained the age of 62, has already been superannuated on the afternoon of 30.06.2017, which has been approved by the 26th Governing Body Meeting held on 24.01.2018. He further submitted that the case of the petitioner for appointment as regular Principal cannot be considered till the outcome of the case in W.PNo.14000 of 2018 filed by the Dr.J.Rukumani (Retired). 8. Heard the learned counsel for both sides and perused the materials available on record. 9. In the present case, it is an admitted fact that the petitioner is the senior most Professor in Nursing in the 3rd respondent institute and presently holding the charge of the Principal in-charge with effect from 13.04.2008. 8. Heard the learned counsel for both sides and perused the materials available on record. 9. In the present case, it is an admitted fact that the petitioner is the senior most Professor in Nursing in the 3rd respondent institute and presently holding the charge of the Principal in-charge with effect from 13.04.2008. It is pertinent to note that one Dr.J.Rukumani who worked as Professor-cum- Principal in-charge of the 3rd respondent institute retired and filed a W.P.No.14000 of 2018 before this Court for enhancement of the superannuation age of the faculty working in MRPG&RIHS from 62 to 65. The 26th Governing Body of the 3rd respondent institute has already approved the superannuation of the said Dr.J.Rukumani with effect from afternoon of 30.06.2017. The Writ Petition filed by the Dr.J.Rukumani is still pending before this Court and that the case is no way connected with the appointment of the petitioner as regular Principal of the 3rd respondent institute. Since the 25th Governing Body Meeting held on 04.07.2017 did not approve the enhancement of the superannuation from 62 to 65. Therefore, Writ Petition was filed by Dr.J.Rukumani. The fact that the petitioner is already holding the post of Principal in-charge since 13.04.2018 that is for the past four years and she has to be considered by the 3rd respondent for appointment as regular Principal in-charge of the College of Nursing, MRPG&RIHS, Pondicherry. 10. In view of the facts and circumstances of the case, the impugned notification bearing Ref.No.7-22/E-2/Esr./MTIHS/2008 dated 05.10.2009 is hereby quashed and the 2nd respondent is hereby directed to appoint the petitioner as the regular Principal of the College of Nursing, MRPG&RIHS, Pondicherry, within a period of six weeks form the date of receipt of a copy of this order. 11. In the result, this Writ Petition is allowed with the above directions . No costs. Consequently, connected miscellaneous petition is also closed.