V.Meenakshi Sundareshwari v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD)No.23445 of 2019 V.Meenakshi Sundareshwari ... Petitioner /vs./ 1.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maaligai, DPI Campus, College Road, Chennai.

2.The Director, Directorate of Collegiate Education, Chennai-600 006.

3.The Joint Director, Directorate of Collegiate Education, Madurai Zone, Madurai-625 002.

4.The Principal, Government Women Arts College, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents particularly the fourth respondent to issue an experience certificate for the period from August 2009 to December 2010 and December 2011 to December 2012 on which, petitioner had worked as temporary lecturer under the Self Financed Scheme of Parent Teachers Association of the fourth respondent College to the petitioner pursuant to the representation and reminders as submitted on 03.04.2018 and 04.08.2019 within a time frame as specified by this Court.

For Petitioner : Mr.M.Sarangan For Respondents : Mr.VR.Shanmuganathan Standing Counsel (for R1) 1/4

Mr.R.Sethuraman Special Government Pleader (for R2 to R4)

ORDER

For the purpose of applying to the post of Assistant Professor in the Tamil Nadu Collegiate Educational Service pursuant to the notification, dated 28.08.2019 and 04.10.2019, the petitioner herein had applied to the fourth respondent's college on 03.04.2018 seeking for an experience certificate for the period from August 2009 to December 2010 and December 2011 to December 2012, during which period, he claims to have worked as a 'Temporary Lecturer' under the Self Financed Scheme of Parent Teachers Association of the fourth respondent's college.

2.The learned counsel appearing for the petitioner would submit that the experience certificate would give him a weightage during the course of the selection process and therefore, since the petitioner had worked as a Temporary Lecturer during the aforesaid period, the respondents are bound to give the said certificate. 3.The learned Special Government Pleader appearing for the respondents 2 to 4 would submit that the period for which, the petitioner seeks for an experience certificate, was not for an approved post and cannot be counted as an experience, for which weightage cannot be given for the recruitment to the post of Assistant Professor.

4.The learned Standing Counsel appearing for the first respondent would submit that the issue as to whether the petitioner's experience during the relevant period as a Temporary Lecturer requires to be scrutinized as to his entitlement to the benefits of the experience, which would be done at a later stage during the selection process.

5.When it is not disputed that the petitioner had worked as a Temporary Lecturer between August 2009 to December 2010 and December 2011 to December 2012 under the fourth respondent herein, I do not find any impediment on the part of the fourth respondent in issuing the experience certificate to the effect that the petitioner herein had worked only as a Temporary Lecturer under the Self Financed Scheme of Parent Teachers Association of the fourth respondent's college. Whether such an experience certificate would give weightage to the petitioner during the course of the selection process is a matter to be determined between the first respondent and the petitioner during the selection process and that the fourth respondent college would not be justified in stepping into the shoes of the first respondent and by keeping the petitioner's request for the experience certificate in abeyance. As such, it would be 2/4

appropriate to direct the fourth respondent herein to issue an experience certificate within a stipulated time. At this juncture, the learned counsel for the petitioner would submit that as per the notification, dated 28.08.2019, the certificate verification and interview would be announced very shortly.

6.In the light of the above observations, there shall be a direction to the fourth respondent herein to issue an experience certificate to the petitioner for his employment in the fourth respondent college during the period from August 2009 to December 2010 and December 2011 to December 2012, in whatever capacity he was holding the post at the relevant time. Such an exercise of issuance of a certificate shall be done at least within a period of one week from the date of receipt of a copy of this order. It is made clear that it is open to the first respondent herein to independently arrive at a conclusion as to the sanctity of the experience certificate for the purpose of awarding weightage marks based on its validity.

7.The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maaligai, DPI Campus, College Road, Chennai.

2.The Director, Directorate of Collegiate Education, Chennai-600 006.

3.The Joint Director, Directorate of Collegiate Education, Madurai Zone, Madurai-625 002.

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4.The Principal, Government Women Arts College, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.M.SARANGAN, Advocate ( SR-3984[F] dated 30/01/2020 ) Order made in W.P.(MD) No.27112 of 2019 28.01.2020 JMN(30.01.2020) 4P : 6C 4/4