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Madras High CourtWP(MD)/21793/2019disposed of

R.Nagalingam v. The Chairman

2019-10-21Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI R.Nagalingam ... Petitioner -Vs1.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Campus, College Road, Chennai-600 006.

2.The Government of Tamil Nadu, Secretary to Government, Higher Education Department, Secretariat, Chennai.

3.The Director of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

4.The Tamil Nadu State Council For Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Triplicane, Chennai-600 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to give weightage marks to the teaching experience of PG Assistants as that of giving weightage marks to the teaching experience in the college in the selection to the post of Assistant Professor in Tamil Nadu Collegiate Education Service for Government Arts and Science Colleges and colleges of Education for the year 2018-2019 by considering the representation given by the petitioner dated 21.09.2019.

For Petitioner : Mr.M.Gnanagurunathan For R1 to R3 : Mr.V.R.Shanmuganathan, Special Government Pleader.

ORDER

This Writ Petition is filed to direct the respondents to give weightage marks to the teaching experience of PG Assistants as that of giving weightage marks to the teaching experience in the college in the selection to the post of Assistant Professor in Tamil Nadu 1/3

Collegiate Education Service for Government Arts and Science Colleges and colleges of Education for the year 2018-2019, by considering the representation given by the petitioner dated 21.09.2019.

2.Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice on behalf of the respondents 1 to 3. Since no adverse order is going to be passed against the fourth respondent, notice to the fourth respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, he is a M.Sc., M.Phil., Graduate and he was appointed as P.G. Teacher in Mathematics in Government Higher Secondary School, Nalli, Virudhunagar District. He has passed SLET examination in the year 2018 and he has been working as P.G. Assistant for the past 17 years. The first respondent has issued a Notification No.12/19, dated 28.08.2019, inviting online applications from eligible candidates for filling 2340 vacancies of Assistant Professor in Tamil Nadu Collegiate Education Service for Government Arts and Science Colleges and Colleges of Education for the year 2018-2019. The Government has issued G.O.(Ms)No.412, Higher Education (F2) Department, dated 03.04.

2009, awarding weightage marks for teaching experience, on the basis of the educational qualifications, for selection to the post of Assistant Professor in Government Arts and Science Colleges and Colleges of Education through direct recruitment by the first respondent. As per Clause 13 of the scheme of selection in Advertisement No.12/19, dated 28.08.2019, issued by the first respondent, marks are awarded based on the educational qualifications as well as based on the teaching experience. The respondents are not considering the teaching experience of the P.G. Assistant, who are working in Government School as well as Aided Higher Secondary Schools in the sanctioned post. According to the petitioner, he has about 17 years of teaching experience. Therefore, he has given a representation dated 21.09.

2019, to the respondents to give weightage marks for teaching experience of P.G. Assistant. However, till date, no order has been passed thereon. Hence, the petitioner has come out with the present Writ Petition. 4.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that fresh notification was issued and last date for submitting the applications is 30.10.2019. 5.The learned counsel appearing for the petitioner submitted that if a direction is issued to the respondents 1 to 3 to consider the representation of the petitioner dated 21.09.2019, on merits, the petitioner would be satisfied.

6.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Special Government 2/3

Pleader appearing for the respondents 1 to 3, this Court directs the second respondent to consider the representation of the petitioner, dated 21.09.2019, on merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Myr To 1.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Campus, College Road, Chennai-600 006.

2.The Government of Tamil Nadu, Secretary to Government, Higher Education Department, Secretariat, Chennai.

3.The Director of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

4.The Tamil Nadu State Council For Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Triplicane, Chennai-600 005.

+1 CC to M/s.M.GNANAGURUNATHAN, Advocate SR-93214. W.P.(MD)No.21793 of 2019 21.10.2019 CS(31.10.2019) 3P 6C 3/3