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4. Resisting the writ petition, the first respondent filed the counter stating that the NET examination conducted by the Agricultural Scientists Recruitment Board (ASRB) contains syllabus for both Bio-Energy and Farm Machinery from the year 2007. It is stated that the first respondent University is running a PG programme with the exclusive syllabus in Farm Machinery and therefore, the students of the first respondent are not in a position to pass NET/ASRB examination which contains 50% of Bio-Energy subject also. It is stated that the Board of Management in its 148th meeting held on 24.07.2008 has given exemption from passing NET examination to the PG students of the first respondent in the discipline of Bio-Energy. It is also stated that the Board of Management in its meeting held on 26.10.2009 considered and approved the proposal for giving exemption from NET examination to the Post Graduates of the first respondent University in the discipline Farm Machinery and Power for the purpose of calling for interview to the posts of Assistant Professor (Farm Machinery and Power) as one time measure and the Board of Management has approved and ratified the action taken in having called such candidates for the interview. Since the petitioner did not come under the zone of selection on merit basis when compared to the respondents 2 and 3, who are Ph.D holders, he was not selected by the Selection Committee. Further, Ph.D degree holders get 20 marks higher than the mere Post Graduates. Hence, prayed for dismissal of the writ petition.
12. The first respondent issued an advertisement dated 10.09.2009 calling for applications to fill up 334 posts of Assistant Professors. In the advertisement, the required qualification has been stated as under:
2.Qualification:
A.Agricultural and allied subjects: A Masters degree in the relevant subject with a minimum OGPA of 3.20/4.00 (under 4 point adding system) or 7.00 / 10.00 (under 10 point grading system) or its equivalent grade in the State Agricultural Universities (SAUs) / ICAR Institutes irrespective of community is essential with good academic records. The candidate should possess the basic degree in the concerned Faculty from any State Agricultural University (SAUs)/ICAR Institute. The candidate should have passed the National Eligibility Test (NET) conducted by the Agricultural Scientists Recruitment Board (ASRB), New Delhi / UGC / Council of Scientific and Industrial Research (CSIR), which is mandatory.
13. The advertisement also contains exemption from passing NET as under:
E. Exemption from NET : The candidates applying for the following subjects are exemption from passing the NET examination for this recruitment only as a special case since Eligibility Tests are not being conducted by ASRB for the said subjects at present:
1.Nano Science and Technology
2.Bio-Informatics
3.Fashion Technology
4.Textile Technology
5.Food Process Engineering
6.Bio-energy
7.MBA (Agri.Business Management)
14. According to the first respondent, the NET examination conducted by the Agricultural Scientists Recruitment Board contains syllabus for both Bio-Energy and Farm Machinery from the year 2007. In as much the Tamil Nadu Agricultural University is concerned, it is running a Post Graduate programme with the exclusive syllabus in Farm Machinery subject only. Therefore, the students of Tamil Nadu Agricultural University are not in a position to pass NET/ASRB examination, which contains 50% of Bio-Energy subject. In such circumstances only, the Board has given exemption from passing NET examination to the Post Graduate students of Tamil Nadu Agricultural University in the discipline of Bio-Energy. Further, in its 152nd Meeting held on 26.10.2009, the Board of Management considered and approved the proposal for giving exemption from NET examination to the Post Graduates of Tamil Nadu Agricultural University in the discipline Farm Machinery and Power for the purpose of calling for an interview to the post of Assistant Professors (Farm Machinery and Power) as one time measure and the Board of Management has also approved and ratified the action taken in calling for such candidates for interview.