Dr.S.Sumathi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Dr.S.Sumathi W/o.L.Karthikeyan No.15, Elangovadikal Street, L.B.Nagar 3rd Cross, Mayiladuthurai & District - 609 001.
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Petitioner Vs.
1.The State of Tamil Nadu Rep. By its Principal Secretary to Government Higher Education Department Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of Collegiate Education Saidapet, Chennai - 600 015.
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Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents to consider the petitioner for selection to the post of Guest Lecturer in Zoology by considering the petitioner's teaching experience in Government Arts and Science Colleges in accordance with paragraph 6 of guidelines annexed with G.O.Ms.No.269, Higher Education Department, dated 25.11.2022, in consideration of representation submitted by the petitioner dated 23.03.2023. 1/6
For Petitioner :
Mr.S.Nedunchezhiyan For Respondents :
Mr.C.Jayaprakash Government Advocate
O R D E R
This Writ Petition has been filed in the nature of Mandamus, seeking a direction against the respondents to appoint the petitioner as a Guest Lecturer in Zoology by considering her teaching experience in Government Arts and Science Colleges. The petitioner has placed reliance on G.O.Ms.No.269, Higher Education Department, dated 25.11.2022. The petitioner has also submitted a representation dated 23.03.2023.
2.In the affidavit filed in support of the writ petition, the petitioner has stated that she was qualified with a Ph.D., in Zoology and with B.Ed., degree and is eligible for appointment as an Assistant Professor in the Higher Education Department. It has also been stated that the Government, through G.O.Ms.No.269, Higher Education Department, dated 25.11.2022, acknowledged that there were 7,198 vacant posts in the cadre of Assistant Professor across Government 2/6
Colleges in the State. Consequently, a decision was taken to appoint Guest Lecturers until regular recruitment is completed. 3.On behalf of the respondents, it has been contended that Notification No.2 of 2024, dated 14.03.2024 was issued by the Teachers' Recruitment Board, calling for applications for the post of Assistant Professors in various Government Arts and Science Colleges. However, due to pending litigation, the notification is yet to be finalized. The respondents have further stated that a policy decision has been made to appoint full-time Assistant Professors through recruitment. 4.Learned counsel for the petitioner has referred to the order dated 25.09.2023, passed in W.P.No.27748 of 2023 [P. Amirthalingam Vs. The State of Tamil Nadu, Rep. by its Principal Secretary to Government and Another] wherein a Mandamus was issued, directing the respondents to examine the case of the petitioner for appointment as a Guest Lecturer.
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5.Accordingly, the respondents may examine the vacancy position as of date. If a vacancy is available and needs to be filled, consider the petitioner's representation, qualifications and experience. If the petitioner is otherwise eligible and if the respondents decide to appoint Guest Lecturers, take an appropriate decision regarding the petitioner's appointment. However, it is made clear that the appointment of the petitioner as a Guest Lecturer shall remain valid only until the completion of the recruitment process under Notification No.2 of 2024. The respondents shall take a necessary decision within a period of three months from the date of receipt of a copy of this order. 6.The Writ Petition stands disposed of. No costs. 06.03.2025 Index : Yes / No Internet : Yes / No Speaking Order : Yes / No : Yes / No TK 4/6
To 1.The Principal Secretary to Government Government of Tamil Nadu Higher Education Department Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of Collegiate Education Saidapet, Chennai - 600 015.
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C.V.KARTHIKEYAN, J.
TK 06.03.2025 6/6