Madras High Court
M.Pottiammal vs Selvi Apoorva on 2 February, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
Cont.P(md).No.890 of 2015 and
Rev.Aplc(md)No.3 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:02.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Cont.P(MD)No.890 of 2015
and
Rev.Aplc(md)No.3 of 2017
Cont.P(MD).No.890 of 2015
M.Pottiammal ... Petitioner/Respondent
Vs.
1.Selvi Apoorva, I.A.S
The Secretary,
Higher Education Department,
St.George Fort,
Chennai.
2.Mr.Vibhu Nayar, I.A.S
The Member Secretary,
Teachers Recruitment Board,
4th Floor, E.V.K Sampath Maligai
DPI Compound, College Road,
Chennai. ... Respondents
Prayer: Contempt Petition filed under Section 11 of Contempt Courts
Act. 1971, to punish the contemnors for their deliberate and wilful
disobedience of the order of this Court, dated 02.03.2015 made in
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http://www.judis.nic.in
Cont.P(md).No.890 of 2015 and
Rev.Aplc(md)No.3 of 2017
W.P(MD).No.20173 of 2014.
For Petitioner : Mr.J.Jeyakumaran
For Respondents : Mr.VR.Shanmuganathan
Special Government Pleader
Rev.Apl(MD).No.3 of 2017
1.The Secretary
Higher Education Department,
St.George Fort,
Chennai.
2.The Member Secretary,
Teachers Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
DPI Compound, College Street,
Chennai-6. ... Petitioners/Respondents
Vs.
M.Pottiammal ... Respondent/Petitioner
Prayer: Review Application filed under Order 47 Rule Section 114 of
C.P.C., to review the order passed in W.P(MD).No.20173 of 2014 on the
file of this Court dated 02.03.2015.
For Petitioners : Mr.VR.Shanmuganathan
For Respondent : Mr.J.Jeyakumaran
COMMON ORDER
The Contempt Petition is filed by the writ petitioner. The contempt petition and the review application arise against the order passed in 2/8 http://www.judis.nic.in Cont.P(md).No.890 of 2015 and Rev.Aplc(md)No.3 of 2017 W.P(MD).No.20173 of 2014. Hence, this review application and the contempt petition are clubbed together and disposed of by this common order.
2.For the sake of convenience, the parties herein are referred to as the writ petitioner and the respondents.
3.The case of the writ petitioner is that she has filed a writ petition before this Court in W.P(MD).No.20173 of 2014, to issue a Mandamus directing the second respondent to award 12 marks for teaching experience of the petitioner, as per the order passed in W.P.No.18186 of 2013, dated 12.07.2013 and consequently, appoint her to the post of Assistant Professor in Tamil Nadu Collegiate Education Service for Government Arts and Science College -2012.
4.The facts of the case as averred in the writ petition are not disputed. However, the said writ petition was disposed of, following the order passed in W.P.No.18186 of 2013, dated 12.07.2013 and 3/8 http://www.judis.nic.in Cont.P(md).No.890 of 2015 and Rev.Aplc(md)No.3 of 2017 particularly, paragraph No.20 of the said order, which is extracted hereunder:
“20.The following are the qualification for more than 25 years and the same shall be taken for regarding marks for the teaching experience.
Sl.No. Date Qualification prescribed by UGC for appointment of Lectures in College/Universities
1. Before 1991 P.G with 50% minimum marks
2. 19.09.1991 P.G with 55% minimum marks with pass NET/SLET
3. 1993 P.G with 55% minimum marks with NET/SLET Exemption for those who completed M.Phil before 31.12.1993 (or) submitted Ph.D., dissertation before 31.12.1993
4. 31.07.2002 P.G with 55% minimum marks with NET/SLET exemption for Ph.D., dissertation submitted before 31.12.2002 (or) M.Phil completed before 31.12.2002
5. 14.06.2006 P.G with 55% of minimum marks with NET/SLET exemption for M.Phil for taking U.G Class & Ph.D for taking P.G Class. Qualification prescribed by UGC for appointment of lecturers in College/Universities
6. 30.06.2010 P.G with 55% minimum marks with NET/SLET exemption only for Ph.D holders.
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5.There was a mistake in paragraph No.20 of the order, as far as S.No.4 is concerned and hence, at the instance of the State, the matter was again posted 'for being mentioned' on 23.07.2013 and after hearing the respective parties, this Court rectified the mistake. It is pointed out that the portion (or) M.Phil completed before 31.12.2012, has to be deleted. Accordingly, the same is deleted.
6.However, inadvertently, the writ petition in W.P(MD)No.20173 of 2014 was allowed, by following the order passed in W.P(MD).No. 18186 of 2013. Alleging non-compliance of the order, dated 02.03.2015, the writ petitioner filed the Contempt Petition. After coming to know about the subsequent order passed by this Court in W.P.No.18186 of 2013, the present Review Application is filed by the State.
7.The learned counsel appearing for the writ petitioner as well as the learned Special Government Pleader appearing for the respondents have not disputed the subsequent order passed by this Court. Therefore, the order passed in W.P(MD)No.20173 of 2014 is modified, by deleting 5/8 http://www.judis.nic.in Cont.P(md).No.890 of 2015 and Rev.Aplc(md)No.3 of 2017 paragraph No.20 and by incorporating Para Nos.4 and 5. Since the respondents have filed the Review Application, that correction has to be carried out in the Review Application, which reads as follows:
“4.In view of the various corrigendum relating to teaching experience and he filing of this writ petition, the second respondent is directed to extend two more weeks for receiving the application ie., as on today, it is stated that the last date for receiving the application is 26.07.2013 and the second respondent would receive the application up to 12.08.2013.
5.The Second respondent is directed to issue necessary notification in this regard relating to extension of time as well as the teaching experience, particularly, as stated in paragraph No.20 of the order dated 12.07.2013 made in W.P.No.18186 of 2013.”
8.In view of the same, Review Application in Rev.Aplc(MD)No.3 of 2017, is allowed and the Contempt Petition in Cont.P(MD)No.890 of 2015 is dismissed.
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1.The Secretary Higher Education Department, St.George Fort, Chennai.
2.The Member Secretary, Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Maligai, DPI Compound, College Street, Chennai-6.
7/8http://www.judis.nic.in Cont.P(md).No.890 of 2015 and Rev.Aplc(md)No.3 of 2017 M.DHANDAPANI,J.
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