Madras High Court
G.Murugaraju vs University Grants Commission on 19 June, 2024
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.Nos.24150 to 24152 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.Nos.24150 to 24152 of 2010
and
M.P.Nos.1,1,1 of 2010
W.P.No.24150 of 2010:
1.G.Murugaraju
2.A.Poongodi ... Petitioners in all petitions
v.
1.University Grants Commission,
Rep. By its Secretary,
Bahadurshah Zafar Marg,
New Delhi 110 022.
2.The Teachers Recruitment Board,
Rep by its Chairman,
EVK Sampath Maaligai,
DPI Compound,
College Road, Chennai 600 006.
3.The Bharathidasan University
Rep. By its Registrar
Thiruchirapalli.
4.The Annamalai University,
Rep. By its Registrar,
Annamalai Nagar,
1/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.24150 to 24152 of 2010
Chidambaram.
5.The State of Tamil Nadu
Represented by its Secretary to Government,
Higher Education (F2) Department
Fort St.George,
Chennai 600 009. ... Respondents in all petitions
Prayer in W.P.No.24150 of 2010: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Declaration declaring the
University Grants Commission (Minimum Qualifications required for appointment
and career Advancement of Teachers in Universities and Institutions affiliated to it
Regulations, 2009 notified on 11.07.2009 as arbitrary and violative of article 14
and 16 of the Constitution of India insofar NET/SLET has been made as a
minimum qualification for lecturer post without giving special exemption for
candidates who got their M.Phil prior to 31.12.1993.
Prayer in W.P.No.24151 of 2010: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Mandamus to forbear the
respondents from insisting on NET/SLET qualification for persons who have
passed M.Phil prior to 1993 for being eligible to apply for the post of Assistant
Professors in Tamil Nadu Collegiate Educational Service and consequently direct
the 2nd respondent to entertain the application of the petitioners for the post of
Assistant Professors in Tamil Nadu Collegiate Educational Service pursuant to the
notice dated 29.03.2010 issued by the 2nd respondent and consider the petitioners
for the said posts without imposing the condition of requirement of NET/SLET
qualification.
2/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.24150 to 24152 of 2010
Prayer in W.P.No.24152 of 2010: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling
for the records of the Government Order having reference G.O.Ms.No.412, Higher
Education (F2) Department dated 07.12.2009 and quash the same in so far as the
said Government Order does not award 9 marks to the candidates who have
completed only M.Phil degree and consequently direct the 2nd respondent to award
9 marks to the petitioners who have completed M.Phil in the concerned subject
prior to 1993 while processing their application and certificate verification for post
of Assistant Professors.
For petitioners in all petitions : M/s.C.Uma
For Respondents in all petitions : Mr.D.Ravichander for R5,
Special Government Pleader
Mr.V.Govardhanan for
M/s Row & Reddy for R3
Mr.R.Neelagandan,
Additional Advocate General
assisted by Mr.C.Kathiravan for R2
(for TRB)
R1, R4 – No appearance
COMMON ORDER
3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.24150 to 24152 of 2010 The writ petitions are filed with the following prayers viz.,
a) To declare the University Grants Commission (Minimum Qualifications required for appointment and career Advancement of Teachers in Universities and Institutions affiliated to it Regulations, 2009 notified on 11.07.2009 as arbitrary and violative of article 14 and 16 of the Constitution of India insofar NET/SLET has been made as a minimum qualification for lecturer post without giving special exemption for candidates who got their M.Phil prior to 31.12.1993.
b) Direction to forbear the respondents from insisting on NET/SLET qualification for persons who have passed M.Phil prior to 1993 for being eligible to apply for the post of Assistant Professors in Tamil Nadu Collegiate Educational Service and consequently direct the 2nd respondent to entertain the application of the petitioners for the post of Assistant Professors in Tamil Nadu Collegiate Educational Service pursuant to the notice dated 29.03.2010 issued by the 2nd respondent and consider the petitioners for the said posts without imposing the condition of requirement of NET/SLET qualification.
c) To call for the records of the Government Order having reference G.O.Ms.No.412, Higher Education (F2) Department dated 07.12.2009 and quash 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.24150 to 24152 of 2010 the same in so far as the said Government Order does not award 9 marks to the candidates who have completed only M.Phil degree and consequently direct the 2nd respondent to award 9 marks to the petitioners who have completed M.Phil in the concerned subject prior to 1993 while processing their application and certificate verification for post of Assistant Professors.
2. It is submitted by the learned counsel for the petitioners and learned counsel for the respondents in unison that the issues involved in these writ petitions stand covered by the common judgment of the Division Bench of this Court in W.A.Nos. 893, 894, 900 to 902, 922, 928, 929, 930 to 933, 942 to 944, 945 & 1032 of 2010 dated 06.12.2010. The relevant portions of the judgments are extracted hereunder:
“49. In the light of the principles laid down by the Supreme Court, we have no hesitation in holding that the principles of Legitimate Expectation will have no application to the facts and circumstances of the present case. As noticed above, the Government of India, Ministry of Human Resources felt the need to introduce NET as compulsory for the purpose of appointment of teaching post in order to upgrade the standard of teaching. For that purpose, Expert Committees were constituted consisting of eminent experts and academicians, who recommended that NET/SLET should be retained as compulsory requirement for 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.24150 to 24152 of 2010 appointment of lecturers irrespective of the candidates possessing degree in M.Phil or Ph.D. After considering the report of Prof.Mungekar Committee, the University Grants Commission was directed to frame regulations to serve the national purpose of maintaining standards of higher education. But, the University Grants Commission, without considering the object and purpose of raising the standard of education, and without considering the global scenario, although framed regulations, but, tried to give certain relaxation to the candidates for appearing in NET/SLET examination. In our view, therefore, the Central Government has rightly refused to approve the decision of the University Grants Commission. Hence, the impugned regulation and the decision of the Central Government cannot, at any stretch of imagination, be held to be illegal, arbitrary or whimsical, rather the decision is rational and based on public interest and also national policy to upgrade the standards of education in the country.
50. For the reasons aforesaid, we do not find any merit in these appeals, which are accordingly dismissed. Consequently, the writ petitions are also dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.”
3. In view of the decision in W.A.Nos. 893, 894, 900 to 902, 922, 928, 929, 930 to 933, 942 to 944, 945 & 1032 of 2010 dated 06.12.2010, the writ petitions are accordingly dismissed. No costs. Consequently, connected miscellaneous 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.24150 to 24152 of 2010 petitions are closed.
19.06.2024 Index: Yes/No Internet: Yes/No Speaking / Non speaking order Neutral Citation: Yes/No shk MOHAMMED SHAFFIQ,J.
shk To
1.University Grants Commission, 7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.24150 to 24152 of 2010 Rep. By its Secretary, Bahadurshah Zafar Marg, New Delhi 110 022.
2.The Teachers Recruitment Board, Rep by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai 600 006. W.P.Nos.24150 to 24152 of 2010 and
3.The Bharathidasan University M.P.Nos.1,1,1 of 2010 Rep. By its Registrar Thiruchirapalli.
4.The Annamalai University, Rep. By its Registrar, Annamalai Nagar, Chidambaram.
5.The State of Tamil Nadu Represented by its Secretary to Government, Higher Education (F2) Department Fort St.George, Chennai 600 009.
19.06.2024 8/8 https://www.mhc.tn.gov.in/judis