K.Manopriya v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.(MD)Nos.17410 and 17411 of 2019 K.Manopriya ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai - 9.
2.Teachers Recruitment Board, Represented by its Chairman, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification in Notification No:12/2019 dated 28.08.2019 on the file of the Respondent No.2 insofar as Clause 6 in which exemption from NET/SLET Pass is not granted to the candidates who have completed M.Phil
degree before 11th July 2009 and quash the same as illegal and consequently for a direction, directing the Respondent No.2 to permit the petitioner to participate in the Direct Recruitment for the post of Assistant Professor in Computer Science subject without insisting the pass in NET/SLET within the time period stipulated by this Court.
For Petitioner : Mr.S.Rajasekar for M/s.T.Lajapathi Roy & Associates For R-1 : Mr.N.Satheesh Kumar Additional Government Pleader For R-2 : Mr.T.Amjad Khan Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned notification in Notification No:12/2019 dated 28.08.2019 on the file of the second respondent No.2 insofar as Clause 6 in which exemption from NET/SLET Pass is not granted to the candidates, who have completed M.Phil degree before 11th July 2009 and for a consequential direction to the second respondent to permit the petitioner to participate in the Direct Recruitment for the post of Assistant Professor in Computer Science subject, without insisting for pass in NET/SLET.
2. The issue involved in the Writ Petition has already been decided by the Division Bench of this Court in a batch of Writ Appeals in the case of P.Suseela and others Vs. University Grants Commission and another in W.A.Nos.893 of 2010 and etc., batch dated 06.12.2010. The relevant portion of the judgment reads as follows:
"49. In the light of the principles laid down by the Supreme Court, we have no hesitation in holding that the principles of Legitimate Expectation will have no application to the facts and circumstances of the present case. As noticed above, the Government of India, Ministry of Human Resources felt the need to introduce NET as compulsory for the purpose of appointment of teaching post in order to upgrade the standard of teaching. For that purpose, Expert Committees were constituted consisting of eminent experts and academicians, who recommended that NET/SLET should be retained as compulsory requirement for appointment of lecturers irrespective of the candidates possessing degree in M.Phil or Ph.D. After considering the report of Prof.
Mungekar Committee, the University Grants Commission was directed to frame regulations to serve the national purpose of maintaining standards of higher education. But, the University Grants Commission, without considering the object and purpose of raising the standard of education, and without considering the global scenario, although framed regulations, but, tried to give certain relaxation to the candidates for appearing in NET/SLET examination.
therefore, the Central Government has rightly refused to approve the decision of the University Grants Commission. Hence, the impugned regulation and the decision of the Central Government cannot, at any stretch of imagination, be held to be illegal, arbitrary or whimsical, rather the decision is rational and based on public interest and also national policy to upgrade the standards of education in the country.
50. For the reasons aforesaid, we do not find any merit in these appeals, which are accordingly dismissed. Consequently, the writ petitions are also dismissed. No costs. Consequently, the connected miscellaneous petitions are closed."
3. In view of the above decision, this Court does not find any merits in this Writ Petition. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
28.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai - 9.
2.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
K.RAJASEKAR,J.
Lm 28.08.2025