Madras High Court
Unknown vs The Principal Secretary on 12 November, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.29004 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.29004 of 2019
and W.M.P.Nos.28775, 28779, 28783 and 28784 of 2019
1.G.Rajam
2.C.Durai
3.M.Shanthi
4.Logapadmapriya
5.S.Vasanthapriya
6.Mohanambal
7.S.Benazir Hazira
8.P.Gomathi
9.K.Vaijeyanthi
10.P.Kanagavalli
11.S.Valarmathi
12.M.Ananthi
13.S.Suthanthira Vanitha
14.M.Petchiammal
15.K.Sudha
16.S.Kavitha
17.D.Jancy Rani
18.R.Chitra Lekha
19.R.Uma Mageshwari
20.N.Nasrin Farsana
21.R.Pathampriyal
22.M.Krishnaveni
23.M.A.Poornima Priya Dharshini
24.R.Vasugi
25.N.Imthiyas Ahamed
26.D.Lakshmi Narasimhan
27.G.Vijayalakshmi
28.M.Muruganandham
29.S.Arul Prasad
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W.P.No.29004 of 2019
30.J.Janakiraman
31.G.Kavitha
32.S.Devi
33.Arokyavathana
34.T.Bhuvaneswari
35.A.Mangayarkarasi
36.M.Malathi
37.R.Jeyabharathi
38.M.Vijayalakshmi
39.K.Pavaimalar
40.K.Ashok
41.N.Ramani
42.A.Samiyappan
43.J.Sumathi
44.R.Rajapriya
45.V.Sasikala
46.K.Kalpana
47.P.Kantharuby
48.A.S.Pachiyappan
49.R.Sasikala
50.S.Devi
51.N.Kalaiselvi
52.S.Thangamani
53.C.Pushpavalli
54.R.Lalitha
55.M.Lavanya
56.G.Murugan
57.I.Manimaran
58.C.Surulivel
59.N.Ayyappan
60.C.Rajini
61.S.C.Balaji
62.T.Anandaprakash
63.A.Venkatesan
64.R.Mohan
65.B.Elanchezhian
66.R.Anitha
67.V.Subha
68.R.Sasikala
69.M.Manimegalai
70.R.Ragavendiran ..Petitioners
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W.P.No.29004 of 2019
vs
1.The Principal Secretary
to Government of Tamil Nadu
Higher Education Department
St. George Fort
Secretariat, Chennai.
2.The Chairman
Teachers Recruitment Board
Higher Education Department
St. George Fort
Secretariat, Chennai.
3.The University Grants Commission
Bahadur Shah Zafar Marg
New Delhi-110 002. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to Notification No.12/2019 dated 28.08.2019 issued
by the 2nd respondent, quash the same in respect of Serial No.6(b)(i) &
(vi) of the Notification and further to direct the 2nd respondent to
incorporate “A Pass in M.Phil.,”, before 11.07.2009 as an eligible
Educational Qualification for the post of Assistant Professor in Tamil
Nadu Collegiate Educational Service for Government Arts and Science
Colleges and Colleges of Education, in the light of the order passed in
W.A.No.1406/2016 dated 03.01.2018 of Hon'ble Madras High Court
and further award marks for M.Phil., Degree in recruitment.
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W.P.No.29004 of 2019
For Petitioners : Mr.T.S.Mohamed Mohideen
For R1 : Mr.Vijay Narayan Advocate General
assisted by Mr.V.Kadhirvelu, Spl.G.P.
For R2 : Mr.S.T.S.Moorthi Addl. Adv. General(IV)
assisted by Mr.C.Munusamy, Spl.G.P.
ORDER
Writ Petition is filed for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to Notification No.12/2019 dated 28.08.2019 issued by the 2nd respondent, quash the same in respect of Serial No.6(b)(i) & (vi) of the Notification and further to direct the 2nd respondent to incorporate “A Pass in M.Phil.,”, before 11.07.2009 as an eligible Educational Qualification for the post of Assistant Professor in Tamil Nadu Collegiate Educational Service for Government Arts and Science Colleges and Colleges of Education, in the light of the order passed in W.A.No.1406/2016 dated 03.01.2018 of Hon'ble Madras High Court and further award marks for M.Phil., Degree in recruitment.
2. Heard the learned counsel appearing for the petitioners as well as the learned Advocate General appearing for the 1 st respondent and the learned Additional Advocate General appearing for the 2nd respondent.
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3.Learned counsel appearing for the petitioners submitted that the petitioners completed M.Phil., degree in the year 2009 and participated in the selection process for the post of Assistant Professor. However, their applications were not entertained on the ground that the petitioners have not possessed NET/SLET qualifications. He further submitted that the candidates, who have registered for M.Phil., and Ph.D., prior to July 11, 2009 shall be exempted from the requirement of minimum eligibility condition of NET/SLET for appointment of Assistant Professor, in the light of the judgment passed by the Division Bench of this Court. But the impugned Notification dated 28.08.2019, now issued by the 2nd respondent is against the said judgment and hence, prayed for allowing this petition.
4. The eligibility criteria fixed in the UGC Notification for the post of Assistant Professor is extracted hereunder:
“I. Assistant Professor:
Eligibility (A or B):
A. (i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied 5/9 http://www.judis.nic.in W.P.No.29004 of 2019 subject from an Indian University, or an equivalent degree from an accredited foreign university.
(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET:
Provided the candidates registered for the Ph.D. Programme prior to July 11, 2009, shall be governed by the provisions of the then existing ordinances/bye- laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institution subject to the fulfilment of the following conditions:
a) The Ph.D. degree of the candidate has been awarded in a regular mode;
b) The Ph.D. thesis has been evaluated by at least two external examiners;6/9
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c) An open Ph.D. viva voce of the candidate has been conducted;
d) The candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a referred journal;
e) The candidate has presented at least two papers based on his/her Ph.D. work in conferences/seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency. ......”
5.Learned Advocate General as well as the learned Additional Advocate General appearing for the respondents submitted that as per the present University Grants Commission norms, a person, who completed Ph.D. alone is entitled to exemption for passing NET/SLET examination. Therefore, a person having completed M.Phil., qualification alone cannot claim exemption from acquiring NET/SLET examination. The petitioners have not satisfied the said condition and hence, nothing wrong in rejecting their applications and prayed for dismissal of this petition.
6.Considering the facts and circumstances of the case along with the submissions made on either side, the petitioners are not entitled to participate in the selection process for the post of Assistant Professor. 7/9 http://www.judis.nic.in W.P.No.29004 of 2019 Accordingly, the writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
12.11.2019
Index : Yes/No
kj
To
1.The Principal Secretary
to Government of Tamil Nadu
Higher Education Department
St. George Fort
Secretariat, Chennai.
2.The Chairman
Teachers Recruitment Board
Higher Education Department
St. George Fort
Secretariat, Chennai.
3.The University Grants Commission
Bahadur Shah Zafar Marg
New Delhi-110 002.
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W.P.No.29004 of 2019
M.DHANDAPANI,J.
Kj
W.P.No.29004 of 2019
12.11.2019
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