IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Ramesh – Appellant
Versus
The Secretary, Higher Education Department, Chennai & Others – Respondents
W.P. No. 25539 of 2014 & M.P. No. 1 of 2014
Decided on : 05-07-2022
Teaching Experience - Assistant Professor - G.O.Ms.No.412, Higher Education [F2] Department, dated 04.12.2009, Government letter No.20575 A/F2/2011, dated 27.06.2012 and G.O.Ms.No.32, Higher Education (F2) Department, dated 08.03.2013 - The court discussed the provisions of G.O.Ms.No.412 and related government letters, which outlined the criteria for awarding marks for teaching experience, qualifications, and interview for the selection of Assistant Professors. The interpretation of these provisions influenced the court's decision regarding the petitioner's entitlement to marks for teaching experience and qualifications.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the second respondent to allot full marks for teaching experience and to permit the petitioner to attend the interview for the post of Assistant Professor in Computer Science.
Finding of the Court:
The court found that the petitioner was not entitled to full marks for teaching experience and was not within the zone of consideration for the selection to the post of Assistant Professor.
Issues: The main issue was the petitioner's entitlement to full marks for teaching experience and the subsequent selection to the post of Assistant Professor.
Ratio Decidendi: The court held that the petitioner's entitlement to marks for teaching experience and qualifications was in accordance with the provisions of G.O.Ms.No.412 and related government letters, and therefore, the relief sought by the petitioner was dismissed.
Final Decision: The Writ Petition was dismissed, and the petitioner was not entitled to the relief sought.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to allot full marks of 15 for the teaching experience to the petitioner (Reg. No.1620414) by taking into consideration of teaching experience gained from 2000 to 2002 and 2003 to 2006 for the selection to the post of Assistant Professor in Computer Science based on the notification/prospectus issued by the second respondent Teacher Recruitment Board dated May 2013 for direct recruitment of Assistant Professor in Tamil Nadu Collegiate Education Service in 2012 and allot nine marks at par with the candidate who has obtained Ph.D., Degree, to the petitioner and consequently direct the second respondent to permit the petitioner to attend interview and to select and appoint the petitioner to the above post of Assistant Professor in Computer Science based on the merits in the selection.)
1. The relief sought for in the writ petition is to direct the second respondent to allot full marks of 15 for the teaching experience to the petitioner (Reg. No.1620414), by taking into consideration the teaching experience gained from 2000 to 2002 and from 2003 to 2006 for selection to the post of Assistant Professor in Computer Science, based on the notification/prospectus issued by the second respondent, dated May, 2013, for direct recruitment of Assistant Professor in Tamil Nadu Collegiate Education Service in 2012 and allot nine marks, on par with the candidate who has obtained Ph.D., Degree, to the petitioner and consequently direct the second respondent to permit the petitioner to attend interview and to select and appoint the petitioner to the post of Assistant Professor in Computer Science, based on merits in the selection.
2. The petitioner states that he is fully qualified for appointment to the post of Assistant Professor. He submitted his application for recruitment. However, he was not considered for selection to the post of Assistant Professor as the marks awarded for experience was not in consonance with the rules prevailing during the relevant point of time.
3. The learned counsel for the petitioner made a submission that for teaching experience, the petitioner must have been awarded 15 marks, however, the respondents awarded only 14 marks and therefore, the petitioner lost his opportunity to secure appointment to the post of Assistant Professor. During the certificate verification, the experience certificate produced by the petitioner was not properly considered in a right perspective for awarding 15 marks. In this context, the learned reiterated that the petitioner must be awarded with 15 marks and consequently, he must be appointed as Assistant Professor.
4. The learned Special Government Pleader appearing for the second respondent objected the said contention by stating that there is no dispute in respect of the educational qualification prescribed for selection to the post of Assistant Professor. Regarding the teaching experience, it is contended that the scheme of selection involves two stages. Marks will be awarded to all candidates based on the certificate produced along with the Application Forms as per criteria and also the marks awarded during the time of Interview as per G.O.Ms.No.412, Higher Education [F2] Department, dated 04.12.2009, Government letter No.20575 A/F2/2011, dated 27.06.2012 and G.O.Ms.No.32, Higher Education (F2) Department, dated 08.03.2013, as follows:
| 1. | For Teaching experience in Universities/ Government/aided Colleges/Self Financing Colleges in the approved post including the Teaching Experience (in the relevant subject) of the candidates in Medical/Engineering/Law Colleges (2 marks for each year subject to a maximum of 15 marks) | Maximum | |
| 15 marks | |||
| 2. | Qualification |
| |
| (a) For Ph.D in concerned | 9 Marks | 9 Marks | |
| (b) For M. | |||
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