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Madras High CourtWP/29004/2019dismissed

G.Rajam v. The Principal Secretary,

2019-11-12Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29004 of 2019 and W.M.P.Nos.28775, 28779, 28783 and 28784 of 2019 1.G.Rajam 2.C.Durai 3.M.Shanthi 4.Logapadmapriya 5.S.Vasanthapriya 6.Mohanambal 7.S.Benazir Hazira 8.P.Gomathi 9.K.Vaijeyanthi 10.P.Kanagavalli 11.S.Valarmathi 12.M.Ananthi 13.S.Suthanthira Vanitha 14.M.Petchiammal 15.K.Sudha 16.S.Kavitha 17.D.Jancy Rani 18.R.Chitra Lekha 19.R.Uma Mageshwari 20.N.Nasrin Farsana 21.R.Pathampriyal 22.M.Krishnaveni 23.M.A.Poornima Priya Dharshini 24.R.Vasugi 25.N.Imthiyas Ahamed 26.D.Lakshmi Narasimhan 27.G.Vijayalakshmi 28.M.Muruganandham 29.S.Arul Prasad 30.J.Janakiraman 31.G.Kavitha 32.S.Devi 33.Arokyavathana 34.T.Bhuvaneswari 35.A.Mangayarkarasi 36.M.Malathi 37.R.Jeyabharathi 38.M.Vijayalakshmi 39.K.Pavaimalar 40.K.Ashok 41.N.Ramani 42.A.Samiyappan

43.J.Sumathi 44.R.Rajapriya 45.V.Sasikala 46.K.Kalpana 47.P.Kantharuby 48.A.S.Pachiyappan 49.R.Sasikala 50.S.Devi 51.N.Kalaiselvi 52.S.Thangamani 53.C.Pushpavalli 54.R.Lalitha 55.M.Lavanya 56.G.Murugan 57.I.Manimaran 58.C.Surulivel 59.N.Ayyappan 60.C.Rajini 61.S.C.Balaji 62.T.Anandaprakash 63.A.Venkatesan 64.R.Mohan 65.B.Elanchezhian 66.R.Anitha 67.V.Subha 68.R.Sasikala 69.M.Manimegalai 70.R.Ragavendiran ..Petitioners vs 1.The Principal Secretary to Government of Tamil Nadu Higher Education Department St. George Fort Secretariat, Chennai.

2.The Chairman Teachers Recruitment Board Higher Education Department St. George Fort Secretariat, Chennai.

3.The University Grants Commission Bahadur Shah Zafar Marg New Delhi-110 002.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified

Mandamus calling for the records pertaining to Notification No.12/2019 dated 28.08.2019 issued by the 2nd respondent, quash the same in respect of Serial No.6(b)(i) & (vi) of the Notification and further to direct the 2nd respondent to incorporate "A Pass in M.Phil.,", before 11.07.2009 as an eligible Educational Qualification for the post of Assistant Professor in Tamil Nadu Collegiate Educational Service for Government Arts and Science Colleges and Colleges of Education, in the light of the order passed in W.A.No.1406/2016 dated 03.01.2018 of Hon'ble Madras High Court and further award marks for M.Phil., Degree in recruitment.

For Petitioners : Mr.T.S.Mohamed Mohideen For R1 : Mr.Vijay Narayan Advocate General assisted by Mr.V.Kadhirvelu, Spl.G.P.

For R2 : Mr.S.T.S.Moorthi Addl. Adv. General(IV) assisted by Mr.C.Munusamy, Spl.G.P.

O R D E R

Writ Petition is filed for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to Notification No.12/2019 dated 28.08.2019 issued by the 2nd respondent, quash the same in respect of Serial No.6(b)(i) & (vi) of the Notification and further to direct the 2nd respondent to incorporate "A Pass in M.Phil.,", before 11.07.2009 as an eligible Educational Qualification for the post of Assistant Professor in Tamil Nadu Collegiate Educational Service for Government Arts and Science Colleges and Colleges of Education, in the light of the order passed in W.A.No.1406/2016 dated 03.01.2018 of Hon'ble Madras High Court and further award marks for M.Phil., Degree in recruitment.

2. Heard the learned counsel appearing for the petitioners as well as the learned Advocate General appearing for the 1st respondent and the learned Additional Advocate General appearing for the 2nd respondent.

3.Learned counsel appearing for the petitioners submitted that the petitioners completed M.Phil., degree in the year 2009 and participated in the selection process for the post of Assistant Professor. However, their applications were not entertained on the ground that the petitioners have not possessed NET/SLET qualifications. He further submitted that the candidates, who have registered for M.Phil., and Ph.D., prior to July 11, 2009 shall be exempted from the requirement of minimum eligibility condition of NET/SLET for appointment of Assistant

Professor, in the light of the judgment passed by the Division Bench of this Court. But the impugned Notification dated 28.08.2019, now issued by the 2nd respondent is against the said judgment and hence, prayed for allowing this petition.

4. The eligibility criteria fixed in the UGC Notification for the post of Assistant Professor is extracted hereunder: "I. Assistant Professor:

Eligibility (A or B):

A. (i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.

(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET:

Provided the candidates registered for the Ph.D. Programme prior to July 11, 2009, shall be governed by the provisions of the then existing ordinances/bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institution subject to the fulfilment of the following conditions:

a) The Ph.D. degree of the candidate has been awarded in a regular mode;

b) The Ph.D. thesis has been evaluated by at least two external examiners;

c) An open Ph.D. viva voce of the candidate has been conducted;

d) The candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a referred journal;

e) The candidate has presented at least two papers based on his/her Ph.D.

work in conferences/seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency. ......" 5.Learned Advocate General as well as the learned Additional Advocate General appearing for the respondents submitted that as per the present University Grants Commission norms, a person, who completed Ph.D. alone is entitled to exemption for passing NET/SLET examination. Therefore, a person having completed M.Phil., qualification alone cannot claim exemption from acquiring NET/SLET examination. The petitioners have not satisfied the said condition and hence, nothing wrong in rejecting their applications and prayed for dismissal of this petition.

6.Considering the facts and circumstances of the case along with the submissions made on either side, the petitioners are not entitled to participate in the selection process for the post of Assistant Professor. Accordingly, the writ petition stands dismissed.

No costs.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar Kj To 1.The Principal Secretary to Government of Tamil Nadu Higher Education Department St. George Fort Secretariat, Chennai.

2.The Chairman Teachers Recruitment Board Higher Education Department St. George Fort Secretariat, Chennai.

3.The University Grants Commission Bahadur Shah Zafar Marg New Delhi-110 002.

+1cc to Mr..S.Mohammed, Advocate, SR.No.93861. W.P.No.29004 of 2019 MP(CO) CSR(09/12/2019)