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Showing contexts for: Arbitrary marks in Vasumathi vs The Principal Secretary on 9 November, 2018Matching Fragments
Heard Mr.K.P.Ramesh, learned counsel appearing for the petitioner, Mrs.S.Srimathy, learned Special Government Pleader appearing for the first respondent and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the second respondent.
2.The grievance of the petitioner herein is that under G.O.MS.No.32, Higher Education (F2) Department, dated 08.03.2013, marks prescribed for the candidates to participate in the selection process for the Assistant Professor is arbitrary and awarding nine marks for Ph.D. holder without NET/SLET Examination is in excessive. The petitioner applied for the post of Assistant Professor (Computer Science) in the Government Arts and Science College. She contends that she is fully qualified to be appointed as Assistant Professor having passed NET/SLET Examination with M.Sc., and M.Phil., Degree in Computer Science. Since she does not possess Ph.D Degree, she will be considered only below Ph.d Holder, without NET/SLET qualification. Thus, it is http://www.judis.nic.in contended that under G.O.Ms.No.32, Higher Education Department is arbitrary and and the same is liable to be quashed. For better understanding, G.O.M.S.No.32, is extracted below.
(a)For Ph.d in concerned subject 9 Marks 9 Marks
(b)For M.Phil with SLET / NET 6 Marks
(c)For PG & SLET / NET 5 Marks 3 Interview 10 Marks Total 34 Marks
(i).Marks for interview has been prescribed as 10 marks and for other qualifications possessed by the candidate, specific marks with upper limit is prescribed. Candidate with M.Phil., and http://www.judis.nic.in SLET/NET qualification awarded with six marks, whereas a candidate with Ph.D in the subject would be awarded nine marks. If a person has cleared P.G. with 55% or above and possessed Ph.D. Degree, under the proviso to Regulation 3.3.0 and 3.3.1 of UGC Regulations he need not clear NET / SLET Examination. The petitioner herein did not have Ph.D. Degree and at that point of time, she attempt to made out a case of arbitrariness in the cut off marks prescribed for each qualification under G.O.M.S.No.32, Higher Education Department. The researcher is definitely a better qualified person than a M.Phil Degree holder. Therefore, awarding nine marks for possessing Ph.D Degree is no way arbitrary. Hence, this Court finds no reason to interfere with the wisdom of the Government issuing G.O.M.S.No.32, Higher Education Department, which is in consonance of the guidelines of the UGC norms.