Dr.L.Chandrasekar v. The Director Of Collegiate Education
In the High Court of Judicature at Madras Reserved on :
17.10.2024 Delivered on :
19.10.2024 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition Nos.28016 & 28020 of 2024 & WMP.Nos.30574 & 30577 of 2024 Dr.L.Chandrasekar
...Petitioner in
WP.No.28016 1.Dr.R.Murugan 2.Dr.P.Annadurai 3.A.Balamurugan 4.Dr.M.Muruga Doss 5.G.Rameshkannan
...Petitioners in
WP.No.28020 Vs 1.The Director of Collegiate Education, College Road, Nungambakkam, Chennai-6.
2.The Regional Joint Director, Department of Collegiate Education, Saidapet, Chennai-15.
3.Pachaiyappa's Trust Board, rep.by its Secretary, Pachaiyappa's College Campus, Chennai-30.
...Respondents
in both WPs 1/8
PETITIONS under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to issue the call letter for the selection to the post of Assistant Professor and to allow the petitioners to participate in the further selection process.
For Petitioners in both WPs :
Mr.Ali Hassan Khan For R1 & R2 in both WPs :
Mr.K.Surendran, AGP For R3 in both WPs :
Mr.E.Omprakash, SC Mr.M.R.Jothimanian, Standing Counsel COMMON ORDER These writ petitions have been filed seeking for a direction to the third respondent to issue call letters to the respective petitioner for selection to the post of Assistant Professor and to allow the petitioners to participate in the further selection process.
2. Heard the learned counsel for the petitioners, the learned Additional Government Pleader appearing for respondents 1 and 2 and 2/8
the learned Senior Counsel appearing on behalf of the learned Standing Counsel appearing for the third respondent, in both the writ petitions.
3. The writ petitions were filed mainly on the ground that the petitioners are fully qualified and had applied for selection to the post of Assistant Professor, that they have not received any call letter for certificate verification from the third respondent and that they have also not received any order rejecting their candidature.
4. The third respondent filed individual counter affidavit in both the writ petitions.
5. The relevant portion in the counter filed in W.P.No.28020 of 2024 is extracted as hereunder :
"I respectfully submit that the selection and appointment to the post of Assistant Professor is governing by the UGC Regulations as well as G.O.Ms. No.5 issued by the Department of Higher Education. Therefore, 3rd respondent has followed the UGC Regulations in the matter of direct recruitment to the post of Assistant Professors and also the petitioners were applied and their candidature have been considered by the third respondent as per the UGC Regulations. But, the petitioners have not come within 3/8
the zone of consideration based on marks awarded to them as per the UGC Regulations. The marks of the petitioners are as follows :
Appl.
No.
Name Subject Community Marks Cut off 7606005424 R.Murugan Tamil SC 7482677555 P.Annadurai Tamil MBC 7707219322 A.Balamurugan Economics SC 1350363319 M.Murugadoss Commerce MBC 6233595500 G.Rameshkannan Commerce SC Therefore, the petitioners have not satisfied eligibility criteria as per UGC Regulations and selected meritorious candidates only at the ratio of 1 : 5. Hence, the petitioners are not within the zone of consideration and they were not called for an interview based on marks."
6. The relevant portion in the counter filed in W.P.No.28016 of 2024 is extracted as hereunder :
"I respectfully submit that the selection and appointment to the post of Assistant Professor is governing by the UGC Regulations as well as G.O.Ms. No.5 issued by the Department of Higher Education. Therefore, 3rd respondent has followed the UGC Regulations in the matter of direct recruitment to the post of Assistant Professors and also the petitioner applied and their candidature have been considered by the third respondent as per the UGC Regulations. But, the petitioner has not come within the zone of consideration based on marks awarded to them as per the UGC Regulations. The marks of the petitioner are as follows :
4/8
Appl.
No.
Name Subject Community Marks Cut off 8621398987 L.Chandra Sekar Tamil GT Therefore, the petitioner has not satisfied eligibility criteria as per UGC Regulations and selected meritorious candidates only at the ratio of 1 : 5. Hence, the petitioner is not within the zone of consideration and he was not called for an interview based on marks."
7. This Court has carefully gone through the submissions made on either side and perused the materials available on record. This Court has also gone through the files, which pertain to all the petitioners, produced at the time of hearing.
8. The petitioners have not approached this Court with any specific grievance questioning the selection process conducted by the third respondent. Their only grievance is that they were not called for certificate verification.
9. On carefully going through the respective counter affidavit and the records produced before this Court, it is seen that none of the petitioners is coming under the zone of consideration since they secured lesser marks than the cut off marks that were fixed to call for certificate verification and for interview. Hence, the relief sought for by the petitioners in these writ petitions cannot be granted by this Court. 5/8
6/8
10. Accordingly, both the writ petitions are dismissed. No costs. Consequently, the connected WMPs are also dismissed. 19.10.2024 To 1.The Director of Collegiate Education, College Road, Nungambakkam, Chennai-6.
2.The Regional Joint Director, Department of Collegiate Education, Saidapet, Chennai-15.
RS 7/8
N.ANAND VENKATESH,J RS WP.Nos.28016 & 28020 of 2024& WMP.Nos.30574 & 30577 of 2024 19.10.2024 8/8