IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
M. Thilagar – Appellant
Vs.
State of Tamil Nadu – Respondent
Writ Petition No. 16571 of 2017 and W.M.P. Nos. 17937, 17938 of 2017
Decided On : 05-07-2017
ll India Council for Technical Education Act, 1987 - Section 23 (1) and 10(i) and (v) - Technical Institutions (diploma)) Regulations, 2010 - Central Act - National Council for Teachers Education Act, 1993 - Medical Council of India Act, 1956 - Inviting applications - Direct recruitment of Lecturers – Eligibility - Pay Scales - A first class Masters degree in appropriate branch of study Candidates should possess requisite qualification in relevant subject awarded by an University or Institutions recognized by University Grants Commission - As per G.O. No. Higher Edn. (P1) Dept., date for engineering subjects, candidates should qualify 10+2+4/10+3+3 pattern for engineering subject and 10+2+3+2/10+3+3+2/11+2+3+2 pattern for non-engineering subject - Candidates applying for posts mentioned in Annexure-I should have passed Tamil Language as Part 1 or Part II up to SSLC or PUC/Higher Secondary Course levels - If not, he/she should pass Tamil Language Test conducted by Tamilnadu Public Service Commission within two years from date of his/her appointment - Candidates not having prescribed qualifications as on last date of submission of filled-in online application shall not be eligible to apply for examination - Candidates should satisfy themselves about their eligibility before applying - It is to be noted that if a candidate is allowed to appear for examination it does not imply that eligibility of candidate is verified - Held, pleadings were completed and party in the writ petition is present and submitted his arguments and learned Additional Advocate General also submitted his valuable points on behalf of Government - Such being view of this Court, notification deserves to be cancelled and a fresh exercise ought to have been undertaken by notifying qualifications as prescribed by AICTE and as accepted by State Government vide its G.O.(Ms) No. 111, Higher Education (C2) Department, dated - Accordingly, this Court is inclined to consider merits in writ petition and notification issued by respondents is quashed and respondents are directed to issue a fresh notification incorporating the educational qualifications prescribed under Pay Scales, Service Conditions and qualifications for Teaches and other academic staff in Technical Institutions (Diploma) Regulations 2010 within a period of two weeks from date of receipt of copy of this order - Accordingly, this writ petition stands allowed.
S.M. Subramaniam, J.
The factual matrix required to be considered in this writ petition is, a notification issued by the 3rd respondent, Teachers Recruitment Board on 16.06.2017, inviting applications from eligible candidates up to 11.59 pm on 07.07.2017, for direct recruitment of Lecturers (Engineering/Non Engineering) in Government Polytechnic Colleges for the year 2017-18. The name of the post is notified as Lecturers (Engineering/Non Engineering) in Government Polytechnic Colleges and the scale of pay is Rs. 15,600-39,900/- + AGP Rs. 5,400/-. The notified posts are coming under the provisions of Tamilnadu Educational Service and the post code is 17PT. Number of vacancies notified are 1058. The date of notification is 16.06.2017, the commencement of submission of application through online mode is 17.06.2017. Last date for submission of application through online mode is 07.07.2017. The date of written examination is scheduled to be held on 13.08.2017. The notification prescribes both the vertical and horizontal reservations which include Women Reservation, Reservation for Persons Studied in Tamil Medium (PSTM), and thirdly, Reservation for Persons with Disability. Clause 4 of the notification stipulates qualifications which reads as under :
"4. Qualifications:
(a) Age Limit: Candidates should not be over 57 years as on 1-7.2017 as the age of superannuation is 58 years.
(b) Educational Qualifications:
Candidates should possess the following qualification on the date of notification:
1. Lecturer in Engineering subjects: A first class Bachelor's degree in the branch of Engineering relating to the post concerned.
2. Lecturer in non-Engineering subjects: A first class Master's degree in the appropriate branch of study Candidates should possess the requisite qualification in relevant subject awarded by an University or Institutions recognized by University Grants Commission. As per the G.O. No. 242 Higher Edn. (P1) Dept., dated 18.12.2012 for engineering subjects, the candidates should qualify 10+2+4/10+3+3 pattern for engineering subject and 10+2+3+2/10+3+3+2/11+2+3+2 pattern for non-engineering subject.
1. The candidates should apply only for the vacancies notified and subject specified. The candidates applying for the posts mentioned in Annexure-I should have passed Tamil Language as Part 1 or Part II up to SSLC or PUC/Higher Secondary Course levels. If not, he/she should pass Tamil Language Test conducted by the Tamilnadu Public Service Commission within two years from the date of his/her appointment.
2. The candidates not having prescribed qualifications, as on the last date of submission of filled-in online application, shall not be eligible to apply for the examination. The candidates should satisfy themselves about their eligibility before applying. It is to be noted that if a candidate is allowed to appear for the examination it does not imply that the eligibility of the candidate is verified. The eligibility shall be verified by the Board only at the time of Certificate Verification".
2. The writ petitioner has challenged this notification solely on the ground that the Educational Qualifications prescribed in the notification impugned in this writ petition are contrary to the Educational Qualifications issued by the All India Council for Technical Education (herein after called as "The AICTE"). To substantiate this, the learned Senior Counsel appearing for the petitioner contended that the notification is to be scraped on the ground that it violates the mandatory requirement for minimum standard of Educational Qualification prescribed by the AICTE. In order to compare the Educational Qualification, learned Senior Counsel made this Court to look into the Educational Qualification prescribed by the AICTE.
Post
Qualifications
Lecturer/Workshop Superintendent
Engineering/Technology
Bachelor's degree in
Association of Private Colleges v. All India Counsel for Technical Education
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