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“ Relaxation in API score is applicable for the period of 3 years only (till date 7.11.2015) from the issue of AICTE Regulations 2012 in official Gazette. Thereafter, API Score shall be implemented.” Hence, as clarified by AICTE if an individual becomes eligible on any date upto 7.11.2015, API score is not applicable but if an individual becomes eligible on 8.11.2015 onwards then the last one year API scoring will be applicable.

16. As a matter of fact, the learned Senior Counsel also referred to yet another communication of the Anna University dated 18.07.2017 calling for application under CAS which mentioned the last date of submission as 31.07.2017 and also that teachers who qualify between 05.03.2010 and 07.11.2015 were to be exempted from API score.

17. Learned Senior Counsel would submit that when applications were called for by the 1st communication dated 29.06.2017 it was clearly mentioned that the Teachers/ other academic staff who qualify between 05.03.2010 and 07.11.2015 for any of the stages mentioned in Table-I were exempted from API score and the qualifications required for the movement from one stage to another stage were given in Column 4 of Table I-A. In the column, it is clearly segregated the teachers who qualify with the exemption https://www.mhc.tn.gov.in/judis/  W.P.Nos.30069 of 2019 etc. API score namely promotion falling between 05.03.2010 and 07.11.2015 and thereafter, from 08.11.2015. Therefore, the University was very much aware that these petitioners formed a class entitled to the API exemption and therefore insisting on any further qualification which was introduced after the selection was over is per se invalid and cannot be countenanced in law. Learned Senior Counsel would also refer to subsequent AICTE notification dated 04.01.2016. The Position of API exemption has been once again reiterated by way of clarification as under.

32. The learned Additional Advocate General would acknowledge that API score exemption is required to be granted for the candidates who were entitled to such exemption and it has been factually granted to the eligible candidates. However, the prescription of the present qualifications is independent of the API scores and therefore, both cannot be linked to each other. According to her, it is a stand alone prescription which has no nexus to the API score at all and the qualifications prescribed do not come within the purview of API. In regard to the non-promotion of certain individuals teachers, it is stated that their performance in the interview was not satisfactory as the members of the interview committee felt that their publication did not measure up to the standards fixed by the Research Publication. In the face of the individual assessment in relation to different subjects, the interview committee took a decision either in promoting the https://www.mhc.tn.gov.in/judis/  W.P.Nos.30069 of 2019 etc. candidates or withholding the promotion of the candidates. At this, when this Court specifically confronted the learned Additional Advocate General as to what is the basis of overall percentage required for the eligibility under the CAS, the learned Additional Advocate General has not been able to convince or persuade this Court with any concrete answer. In fact, this Court has repeatedly asked as to what is the bench mark evolved for evaluation of the candidates, no satisfactory answer has been forthcoming from the University nor was any material produced to the satisfaction of this Court. However, she contended that the marks given in the interview depended on the performance of the individual candidate and evaluated by the Committee in each case and the Committee has certain parameters in order to certify the candidates name for promotion. In effect, the parameters have not been uniformly adopted, as each Committee evolved its own method of assessing the candidates.

36. There are two main aspects to be considered in these batch of writ petitions. One is, the writ petitioners, who were covered during the exempted period of API score between 05.03.2010 to 07.11.2015. In this connection, arguments have been advanced on behalf of the petitioners, drawing reference to the various academic qualifications, which come under the purview of API on one side and on the other, the additional qualification prescribed has nothing to do with the API score and API score is minimum standard prescribed by the AICTE and it is always open to the University concerned to prescribe higher qualification to suit its particular academic requirement and potential.