Madras High Court
S.Subeena Begum vs )The Chairman on 22 September, 2015
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.09.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P(MD)No.10324 of 2014
,W.P(MD)No.10325, 3124, 3125 and 2843 of 2014
and
Connected Miscellaneous Petitions
S.Subeena Begum ... Petitioner
Vs.
1)The Chairman,
Teachers Recruitment Board,
4th Floor,
E.V.K. Sampath Maligai,
D.P.I. Compound,
College Road,
Chennai-600 006.
2)The Member Secretary,
Teachers Recruitment Board,
4th Floor,
E.V.K. Sampath Maligai,
D.P.I. Compound,
College Road,
Chennai-600 006. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to the petitioner's results of the certificate verification
published by the 2nd respondent for the post of Assistant Professor of Tamil
Nadu Collegiate Education Services and quash the same as illegal consequently
directing the respondents to consider the petitioner for appointment to the
post of Assistant Professor of Tamilnadu Collegiate Education Services.
!For Petitioner : No appearance
For Respondent : Mr.V.R.Shanmuganathan, Spl.G.P
:C O M M O N O R D E R
In all these writ petitions, the petitioners have sought for a Writ of Certiorarified Mandamus, calling for the records relating to the petitioners' results of the certificate verification published by the 2nd respondent for the post of Assistant Professor in Tamil Nadu Collegiate Education Services and quash the same as illegal and consequently to direct the respondents to consider the petitioners for appointment to the post of Assistant Professor in Tamilnadu Collegiate Education Services.
2.Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents would submit that the petitioners are not even eligible to take part in the selection process to the post of Assistant Professor in Tamilnadu Collegiate Education Services, however, inadvertently, they were called for to attend certificate verification. He would further submit that after finding that the petitioners are not having the requisite qualification namely, NET/SLET/SET, they were not invited for further selection process. In support of his submission, he relied on a recent judgment of the Hon'ble Supreme Court in the case of P.Suseela and others vs. University Grants Commission and others (SLP(CIVIL)Nos.36023-36032 of 2010 dated 16.03.2015), wherein it has been held as follows:-
? 7. Pursuant to this directive, on 30th June, 2010, the UGC framed Regulations of 2010, para 3.3.1 of which states:
?3.3.1. NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions.
Provided however, that candidates, who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor equivalent positions in Universities/Colleges/ Institutions.?
17. The arguments based on Article 14 equally have to be rejected. It is clear that the object of the directions of the Central Government read with the UGC regulations of 2009/2010 are to maintain excellence in standards of higher education. Keeping this object in mind, a minimum eligibility condition of passing the national eligibility test is laid down. True, there may have been exemptions laid down by the UGC in the past, but the Central Government now as a matter of policy feels that any exemption would compromise the excellence of teaching standards in Universities/Colleges/Institutions governed by the UGC. Obviously, there is nothing arbitrary or discriminatory in this ? in fact it is a core function of the UGC to see that such standards do not get diluted.?
3.A mere reading of the above paragraphs would show that a candidate who fails to pass NET/SLET/SET as the case may be, is not eligible to take part in the selection process for the post of Assistant Professor in Universities/Colleges/Institutions. In the present case, as rightly contended by the learned Special Government Pleader, the petitioners have not acquired NET/SLET/SET, hence this Court is not inclined to entertain the writ petitions. Accordingly, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
To
1)The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Maligai, D.P.I. Compound, College Road, Chennai-600 006.
2)The Member Secretary, Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Maligai, D.P.I. Compound, College Road, Chennai-600 006. .