V.Meenakshi Sundareswari v. The University Grants Commission
W.P.(MD) No.22066 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.22066 of 2019 V.Meenakshi Sundareswari ... Petitioner vs.
1.The University Grants Commission rep.by the Secretary Bahadursha Zafar Marg New Delhi-110 002 2.The State of Tamilnadu rep.by its Principal Secretary Department of Higher Education Fort St.George, Chennai-09 3.The Teachers Recruitment Board rep.by its Chairman 4th Floor, EVK Sampath Buildings DPI Compound, College Road Chennai 4.The Director of Collegiate Education 9th Floor, EVK Sampath Buildings College Road, Chennai-600 006 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the third respondent to consider the representation of the petitioner dated 06.10.2019 and thereby grant an exemption to the petitioner herein in sub clause 6(iv) of the Teachers Recruitment Board Notification dated 28.08.2019 and award one marks for her degree obtained. For Petitioner :
Ms.W.Pamelin For Respondents :
Mr.V.Maharajan for R1 Mr.G.V.Vairam Santhosh for R2 & R4 Mr.V.R.Shanmuganathan for R3
O R D E R
The relief sought for in this writ petition is to direct the third respondent to consider the representation submitted by the petitioner on 06.10.2019 seeking exemption to the petitioner to participate in the selection process to the post of Assistant Professor.
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W.P.(MD) No.22066 of 2019
2. The petitioner states that she possesses M.Phil Degree through Open University system. As per the Government Orders and as per the terms and conditions stipulated in the recruitment notification, Open University Degrees are invalid and those candidates are not eligible to participate in the selection process.
3. The Honourable Supreme Court in Annamalai University vs. Secretary to Government, Information and Tourism Department, reported in (2009) 4 SCC 590 has held that Open University Degrees are invalid and accordingly, the Government of Tamil Nadu implemented the said Judgment and issued orders. Thus, the recruitment notification also stipulates that Open University Degrees are invalid for the purpose of selection and appointment.
4. This being the terms and conditions of the recruitment notification, the petitioner's claim for exemption cannot be granted by the High Court under Article 226 of the Constitution of India. Exemption from educational qualification is impermissible and filing a writ petition by merely sending a representation to the Authorities is not entertainable and such a claim itself is untenable.
5. With the above observations, the writ petition is dismissed. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:
1.The Principal Secretary, State of Tamilnadu, Department of Higher Education, Fort St.George, Chennai-09.
2.The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-600 006.
+1 CC to M/s.SPL.GP. ( SR-21688[F] dated 27/04/2022 ) W.P.(MD) No.22066 of 2019 26.04.2022 RK(09/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2