M.Usha, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2023 CORAM :
THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR Writ Petition No. 29795 of 2012 M. Usha
...Petitioner
Versus
The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai - 600 006.
... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the entire records in pursuant to the tentative provisional list of candidates selected for appointment to the post of Assistant Professor in Government Engineering Colleges for the year 2010-11 for the subject of Electronics and Communication Engineering in so far as selection of the candidates against MBC/DNC quota vacancy is considered and the order rejecting the petitioner's selection for the said post on the ground of not possessing the requisite qualification and quash both of them and direct the respondent to consider the selection of the petitioner for the post of Assistant Professor in Government Engineering Colleges in the subject of Electronics and Communication Engineering (ECE) against MBC/DNC quota within a stipulated period.
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For Petitioner :
Mr. K.T.S. Sivakumar.
For Respondents :
Mr. C. Kathiravan, Standing Counsel for TRB.
O R D E R
This writ petition has been filed seeking Certiorarified Mandamus to call for the records pertaining to the tentative provisional list of candidates selected for appointment to the post of Assistant Professor in Government Engineering Colleges for the year 2010-11 in respect of the subject of Electronics and Communication Engineering under MBC/DNC quota and not selecting the petitioner for the said post is illegal and arbitrary and direct the respondent to consider the selection of the petitioner for the post of Assistant Professor in Government Engineering Colleges in the subject of Electronics and Communication Engineering (ECE) against MBC/DNC quota within a stipulated period. 2.
The respondent issued a notification calling for applications for the post of Assistant Professor in respect of various Engineering subjects including Electronics and Communication Engineering duly notifying the qualification for the said post. In terms of the said notification, eligible qualification for the said post is B.E. or B.Tech., and M.E. or M.Tech.
equivalent either in B.E. or B.Tech., and M.E. or M.Tech. The petitioner claiming to be a candidate belonging to MBC submitted an application for the post of Assistant Professor in Electronics and Communication Engineering. The candidature of the petitioner was rejected by the respondent on the ground that the Post Graduate qualification i.e., M.E., acquired by the petitioner in Power Electronics and Drives subject is not equivalent to M.E. Electronics and Communication Engineering. Aggrieved by the said rejection of the candidature of the petitioner, the petitioner has approached this Court by filing the present writ petition. 3.There is no dispute with regard to the qualification prescribed for the post of Assistant Professor in Electronics and Communication Engineering which is B.E. or B.Tech., and M.E. or M.Tech.
, in the relevant branch of Engineering or Technology with first class. Admittedly, the petitioner is not possessing the qualification of M.E. Electronics and Communication Engineering but she is having an M.E., in Power Electronics and Drives. Unless and until the petitioner establishes that the qualification possessed by her in Post Graduation is equivalent to M.E.
the post of Assistant Professor in Electronics and Communication Engineering does not arise. Neither the petitioner placed any such materials before the respondent nor before this Court to satisfy that the petitioner is possessing all the requisite qualification for the post of Assistant Professor in Electronics and Communication Engineering in terms of the recruitment notification issued by the respondent. In the absence of the petitioner satisfying the requisite qualification, the question of considering the candidature of the petitioner for selection to the post of Assistant Professor in Electronics and Communication Engineering does not arise. Hence, this Court does not find any merit in the writ petition. 4.Accordingly, this writ petition is dismissed. No costs. 18.12.2023 ay Index: Yes/No Speaking Order / Non-Speaking Order To 4/6
The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai - 600 006.
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MUMMINENI SUDHEER KUMAR, J ay W.P. No. 29795 of 2012 Dated: 18.12.2023 6/6