Madras High Court
Anuba.N vs Teachers Recruitment Board on 8 May, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.(MD)No.11104 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.(MD).No.11104 of 2024
and
W.M.P.(MD)No.9897 of 2024
Anuba.N ... Petitioner
-Vs-
Teachers Recruitment Board,
3rd & 4th Floor, Puratchi Thalaivar Dr.M.G.R.
Centenary Building,
Perasiriyar Anbalagan Kalvi Valagam,
College Road, Nungambakkam,
Chennai-600 006, Rep. by its Secretary ... Respondent
Prayer: Writ Petition is filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Mandamus, directing the respondent to permit the
petitioner to apply for a post of Assistant Professor in English in the Direct
Recruitment to the posts of Assistant Professors in Tamil Nadu Collegiate
Educational Service for Government Arts & Science Colleges and Government
Colleges of Education through online mode, in response to Notification No.
02/2024, dated 14.03.2024 of the respondent and Notification No.02-A/2024,
dated 27.04.2024 of the respondent by continuing and completing the
petitioner's filled-in application form through online mode to the respondent in
registration ID 24ASC036954 and to proceed further with the petitioner's said
application.
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W.P.(MD)No.11104 of 2024
For Petitioner : Mr.K.N.Thampi
For Respondent : Mr.V.R.Shanmuganathan,
Standing Counsel
ORDER
This Writ Petition is filed seeking for Writ of Mandamus to direct the respondent to permit the petitioner to apply for a post of Assistant Professor in English in the Direct Recruitment to the post of Assistant Professors in Tamil Nadu Collegiate Educational Service for Government Arts & Science Colleges and Government Colleges of Education through online mode, in response to Notification No.02/2024, dated 14.03.2024 of the respondent and Notification No.02-A/2024, dated 27.04.2024 of the respondent by continuing and completing the petitioner's filled-in application form through online mode to the respondent in registration ID 24ASC036954 and to proceed further with the petitioner's said application.
2.Mr.V.R.Shanmuganathan, learned Standing Counsel takes notice for the respondent.
3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
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4.The learned counsel appearing for the petitioner submitted that the petitioner is studying M.A., in English in Women's Christian College, Nagercoil, Kanyakumari District and she has also passed National Eligibility Test (NET) for Assistant Professor in English and now, she is going to appear for 4th Semester examination, which is scheduled to be held from 02.05.2024 to 15.05.2024. At this time, the respondent issued notification dated 14.03.2024, inviting applications from eligible candidates for direct recruitment to the post of Assistant Professor in Tamil Nadu Collegiate Educational Service for Government Arts & Science Colleges and Government Colleges of Education through online mode. The qualification prescribed for this post is that a Master degree with a minimum of 55% marks (or an equivalent grade in a point scale wherever the grading system is followed) in a concerned / relevant / allied subject from an Indian University, or an equivalent degree from an accredited foreign university.
5.Besides, fulfilling the above qualification, 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 https://www.mhc.tn.gov.in/judis 3/6 W.P.(MD)No.11104 of 2024 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.
6.He further submitted that as per the said notification, the candidates, who are appearing for TNSET (2024) examinations conducted by the Manonmaniam Sundaranar University, Tirunelveli, but have not yet passed the same, also become eligible to apply for the direct recruitment to the post of Assistant Professor and the candidates, who are appearing for M.A., examination must equally be held to be eligible to apply for the same. Therefore, the petitioner should be permitted to submit an application.
7.Admittedly, the petitioner has not completed the basic qualification ie., M.A., degree in the concerned subject with 55% marks as on the date of notification. Conducting of academic year examinations for the graduate is regular, whereas conducting of Eligibility Test ie., TNSET or SLET or NET is not like academic semester or non-semester examination. Therefore, both cannot be equated.
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8.Admittedly, in this case, the petitioner has not even obtained M.A., degree on the date of notification and even he had not appeared for the examination. According to him, the examination is scheduled to be held from 02.05.2024 to 15.05.2024. Therefore, even without appearing for examination and without having the basic qualification, he is not eligible for applying for the post in question. Therefore, the contention of the learned counsel for the petitioner is not acceptable. Under these circumstances, since the petitioner does not have requisite basic qualification, she is not entitled for the relief sought for herein. Hence, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
08.05.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
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W.P.(MD)No.11104 of 2024
P.VELMURUGAN, J.
Yuva
W.P.(MD)No.11104 of 2024
08.05.2024
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