Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Mad) 2154

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J.
R. Subramanian & Another - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary to Government Higher Education Department, Secretariat, Chennai & Others - Respondent
W.P. Nos. 29313, 29709, 31303, 31725, 31803, 31889, 32007, 32136, 32218 of 2019
Decided On : 21-11-2019

Advocates Appeared:
For the Petitioners:G. Sankaran, R. Neelakandan, K. Balu, S. Mohana Vadivelan, Advocates.
For the Respondents:Vijay Narayan, Advocate General assisted by V. Kadhirvelu, Spl.G.P, S.T.S. Moorthy AAG(IV) (TRB) assisted by C. Munusamy, Spl.G.P. (Edn).

The method of selecting Assistant Professors based on teaching experience and interview scores without a written test was upheld as valid under Articles 14 and 16 of the Constitution.

Headnote:(A) Constitution of India - Articles 14 and 16 - Public Employment Selection - Validity of selection method based on teaching experience and interview challenged - Writ petitioners, qualified as lecturers, contend against the notification’s reliance on teaching experience without a written examination - The notification was upheld as constitutional, with no merit found in claims for written tests - The selection method was deemed non-arbitrary and lawful - Requisite qualifications were aligned with UGC norms - Court held the scheme for selection is legitimate and meets constitutional mandates. (Paras 20-22)

Facts of the case:
The petitioners, serving as lecturers with valid qualifications, challenged the Tamil Nadu TRB notification which awarded marks based on teaching experience and interview without a written exam for the Assistant Professor post. They argued that this undermined meritocracy and violated constitutional rights.

Issues: 1) Are the petitioners entitled to count their teaching experience from initial appointment despite changes in qualification standards? 2) Is the selection scheme for Assistant Professors valid without a written examination?

Findings of Court:
The Court found the notification’s criteria align with UGC guidance and prior judgments affirming experience and qualification weightage.

Ratio Decidendi: The judgment reaffirmed that weightage for teaching experience and qualifications in selection processes are permissible; the absence of a written exam was a lawful executive decision, ensuring no violation of equality rights.

Result: Writ petitions are dismissed.

Table of Content
1. petitioners' qualifications and eligibility for assistant professor. (Para 1 , 2)
2. details of trb's notifications for recruitment. (Para 3 , 4)
3. petitioners challenge selection criteria and weightage. (Para 5 , 6 , 7)
4. counterarguments from respondents regarding selection process. (Para 8 , 9 , 10)
5. clarifications requested by the petitioners on experience and qualifications. (Para 11 , 12 , 13)
6. court's analysis on validity of selection criteria. (Para 14 , 15)
7. judicial principles applied to weigh selection methods. (Para 16 , 17)
8. acknowledgment of judicial precedents affecting the selection. (Para 18 , 19 , 20)
9. final dismissal of petitioners' claims. (Para 21 , 22)

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Notification issued by the 3rd respondent in Notification No.12/2019, dated 28.08.2019 and 04.10.2019 and to quash the same insofar as clause 13 relates to scheme of selection is concerned and consequently directing the respondents to follow the method of selection by conducting written examination in order to ensure merit in selection in consonance with Article 14 and Article 16 of the Constitution of India.

1. The above writ petitions are filed challenging the impugned Notification issued by the 3rd respondent/TRB in Notification No.12/2019, dated 28.08.2019 and 04.10.2019 and impugned technical experience certificate dated 23.10.2019 issued by the 4th respondent, insofar as clause 13 relates to scheme of selection and clause 15 relates to yardstick for awarding marks for teaching experience and the relevant Annexures in Format I/II/III-A(Annexure) Teaching Experience consolidated are concerned and consequently (i) directing the respondents to follow the method of selection by conducting written examination in order to ensure merit in selection in consonance with Article 14 and Article 16 of the Constitution of India and (ii) award marks for each year of teaching experience from the date of appointment of the petitioner in the post of lecturer in English with requisite qualification prescribed by UNIVERSITY GRANTS COMMISSION REGULATIONS for selection to the post of Assistant Professor and (iii) directing the respondents to issue the teaching experience certificate in the prescribed format with counter signature to the petitioners.

2. The sum and substance of the averments made in the affidavits filed in support of the writ petitions are as follows.

(i) The case of the petitioners is that the petitioners are working as lecturers in different colleges. Aggrieved against the method of selection notified in selection for the post of Assistant Professor in Notification No.12/2019, dated 04.10.2019 issued by the Teachers Recruitment Board (hereinafter referred to as ‘TRB’ in short), they filed the above writ petitions. The petitioners are challenging the Notification on the ground that they are eligible for selection and appointment for the post of Assistant Professor in Tamil Nadu Collegiate Education Service. The petitioners were qualified with Post Graduate degrees, M.Phil, NET with JRF and Ph.D. They are qualified for appointment to the post of Assistant Professor in the relevant subject as per University Grants Commission (hereinafter referred to as ‘UGC’ in short) Regulations and Special Rules for Tamil Nadu Collegiate Education Service.

(ii) TRB issued Notification dated 28.08.2019 inviting applications for direct recruitment from eligible candidates for the post of Assistant Professor in Tamil Nadu Collegiate Education Service for Government Arts and Science Colleges and Colleges for Education for the year 2018-2019. As per the Notification, the applications through online mode should be made to commence from 04.09.2019 onwards. However, subsequently,

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2019 Supreme(Mad) 2154

The method of selecting Assistant Professors based on teaching experience and interview scores without a written test was upheld as valid under Articles 14 and 16 of the Constitution.

Cases Referred (18)