IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice T. VINOD KUMAR
V.Arunkumar – Appellant
Versus
The Member Secretary – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2025
CORAM
THE HONOURABLE MR.JUSTICE T.VINOD KUMAR
and
WMP.Nos.7385 & 7386 of 2019
2020, 36043, 36046/2019
V.Arun Kumar ...Petitioner
Vs
1.The Member Secretary
Teachers Recruitment Board
College Road
Chennai 6.
2.The Vice Chancellor
Tamil Nadu Dr.Ambedkar Law University
Near MRTS Railway Station
Taramani, Chennai.
3.The Director of Legal Studies
Purasalwakkam High Road
Kilpauk
Chennai 600 010.
4.The University Grant Commission
Bahadur Shah Zafar Marg
New Delhi 110 002.
5.The Bar Council of India
Rouse Avenue Institution Area
Near Bal Bhawan
New Delhi 110 002. ...Respondents
Prayer: This Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to allow the petitioner for personal interview for the post of Assistant Professor for the subject of Business Law category.
For Petitioner : Mr.C.S.Jeya Prakaash For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan for R1 Standing Counsel M/s.B.Sudha for R2 Mrs.V.Yamunadevi for R3 Special Government Pleader Mr.B.Rabu Manohar for R4 Central Government Standing Counsel M/s.S.Sujatha for R5
ORDER
Heard Mr.C.S.Jeya Prakaash, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General, assisted by Mr.C.Kathiravan, learned Standing Counsel for the first respondent, M/s.B.Sudha, learned counsel for the second respondent, Mrs.V.Yamunadevi, learned Special Government Pleader for the third respondent, Mr.B.Rabu Manohar, learned Central Government Standing Counsel for the fourth respondent and M/s.S.Sujatha, learned counsel for the fifth respondent and perused the record.
2. The case of the petitioner in brief is that he had applied to the post of Assistant Professor in Business Law pursuant to the notification dated 18.07.2018 issued by the first respondent; that as per the eligibility criteria specified in the notification one is required to have L.L.M Degree in relevant subject; and must have qualified in National Eligibility Test or an Accredited Test and Enrollment as an Advocate in the Bar Council.
3. It is the further case of the petitioner that since, he had obtained Master’s Degree in Corporate and Commercial Laws from Pondicherry University and thus, being eligible to apply to the aforesaid post, submitted his candidature for being appointed under the said notification; that he was issued with Hall Ticket to take part in the written test held on 13.10.2018; and thereafter, was issued with intimation letter to attend interview on 27.02.2019.
4. It is the further case of the petitioner that on attending the interview and producing original certificate as mentioned in the interview call letter for verification, the respondent rejected the candidature of the petitioner on the ground that he was possessing one year L.L.M. Degree which is not recognized by the respondent; and that it recognizes only two years L.L.M. Degree as being eligible.
5. The petitioner further contended that since, the one year L.L.M.Degree obtained by him, is from a University which has been accorded necessary approval by the UGC, the respondent could not have rejected his candidature on that ground.
6. In support of the aforesaid contentions, reliance was placed on the decision of Coordinate Bench of this Court in W.P.No.15473 of 2019 dated 26.03.2025.
7. Counter affidavit filed on behalf of the first respondent.
8. The respondent by the counter affidavit claimed that the candidature of the petitioner was rejected on two grounds namely, 1) the petitioner having obtained 1 year L.L.M. Degree as against 2 years L.L.M. Degree and 2) that he is not possessing the L.L.M. Degree in the relevant subject i.e., Business law.
9. The respondent by the counter affidavit further contended that Section 25 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, prescribes that no person shall be eligible for appointment to any service where Post Gra
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