Indian Kanoon - Search engine for Indian Law

2. Shorts facts leading to the appeal are that the writ petitioner/respondent obtained M.Phil. degree from Alagappa University in the subject, Computer Science, through Distance Education System in the year 2005 after completing her PG degree in M.Sc. Computer Science. In response to the Advertisement No.4 of 2013 dated 28.05.2013 of the first appellant, the writ petitioner/respondent applied for the post of Assistant Professor in http://www.judis.nic.in Computer Science and she was called for certificate verification on 04.12.2013. It was alleged that during evaluation of the certificates, due weightage marks for her educational qualifications were not given.

9. Government have issued letter No.8609A/F2/2014 dated 13.06.2014, clarifying on the aspect of awarding weightage marks for teaching experience for the candidates, who have obtained M.Phil and Ph.d, through open University system/Distance education. Admittedly the writ petitioner has obtained her M.Phil degree in 2005 from Alagappa University in Computer science, through Distance Education system. Advertisement No.4 of 2013 has been issued by Teachers Recruitment Board, Government of Tamil Nadu on 28.05.2013, for the post of Assistant Professor in Computer Science. In G.O.Ms.No.91 Higher Education Department dated 03.04.2009, it is stated that after the meeting of the Vice Chancellors of Universities, dated 21.06.2016 under the Higher Education Department, a decision has been taken that from the academic year 2007-2008 onwards M.Phil/Ph.d, http://www.judis.nic.in programmes may not be offered through Distance Education and the same will be offered only as a regular course.

12. On the facts and circumstances of this case, though the appellants have contended that the respondent cannot be considered for selection to the post of Assistant Professor in Computer Science in Government/Self Financing Colleges, on the basis of G.O.Ms.No.91, Higher Education Department dated 03/04/2009, writ Court has considered plea of the respondent that she has acquired M.Phil degree, before 2006, and Court also taken note of the fact TRB, Chennai has awarded 6 marks for M.Phil with SLET/NET, 14 marks for the teaching experience and 8 marks for the interview, Writ Court has also observed that the respondent cannot have a grievance that her M.Phil degree, has not been taken note of, because weightage marks has been given. But while addressing the challenge that Ph.D degree holders, who do not possess SLET/NET, cannot be given 9 marks and placed above M.Phil degree holders with SLET/NET, at paragraph 12 of the order made in W.P.No.33964/203, dated 14/3/2018, Writ court has observed as under:-