Appointments to Assistant Professor posts require Teachers Recruitment Board process; individual representations insufficient.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the 2^nd Respondent leading to the passing of the impugned order bearing O. Mu. No.35932/D5/2014 dated 15.10.2014 and quash the same and direct the 2^nd Respondent to appoint the petitioner as an Assistant Professor in Computer Science in any of the existing or next arising Vacancies in any Government College.

For Petitioner(s): Ms.B.V.Diveyadharsini, for Mr.Namasivayam, For Respondent(s): Mr.Vadivelu Deenadayalan, Additional Government Pleader for R1 & R2

ORDER

This Writ Petition has been filed to call for the records of the 2^nd Respondent leading to passing of the impugned order bearing O.Mu.No.35932/D5/2014 dated 15.10.2014 and quash the same and direct the 2^nd Respondent to appoint the petitioner as an Assistant Professor in Computer Science in any of the existing or next arising Vacancies in any Government College.

2.According to the petitioner, he was initially recruited as Programmer (Computer Science) in Thiru Kolanjiappar Government Arts College, Virudachalam. His service was regularised on 02.11.1998 and he completed his probation on 02.11.2000. Later, he was re-designated as Assistant Programmer and his scale of pay was revised to Rs.9300-34800 with grade pay of Rs.4200 with effect from 01.01.2006. At the time of entry into service in the Collegiate Education Department, the petitioner possessed an M.Sc., in Computer Science and thereafter, he acquired an M.Phil., in the same discipline.

3.It is the further case of the petitioner that he made a representation to the respondents relying upon G.O.Ms.No.2406 (Education department) dated 31.10.1981, which permits private aided colleges to promote qualified non- teaching staff to teaching positions, such as Assistant Professor/Lecturer. He further referred to orders issued in the year 1994, whereby the services of 14 Assistant Professors, who had been appointed by recruitment by transfer during the years 1979, 1980 & 1981 under Special Rule 2 ofTamil Nadu Government Collegiate Education Service, were regularised. Thereafter, the petitioner submitted a representation dated 22.10.2013, seeking appointment as a lecturer. The said request was rejected by the respondents by the impugned order dated 15.10.2014 in O.Mu.No.35932/D5/2014.

4.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

5.There is no dispute with regard to the qualifications of the writ petitioner. It is seen that the writ petitioner had made a representation dated 28.08.2014 to the Chief Minister’s Cell, seeking appointment as an Assistant Professor, which was forwarded to the respondents and subsequently rejected.

6.It is the case of the respondents that appointment to the post of Assistant Professor in Government Arts and Science Colleges and Colleges of Education are to be made only through the Teachers Recruitment Board, in accordance with norms prescribed by the University Grants Commission and pursuant to notifications issued for such recruitment, the eligible candidates are required to apply and participate in the selection process conducted by the Board. In specific, the appointment cannot be made based on individual representations. Therefore, the respondents rejected the claim of the petitioner on the ground that recruitment to the said post should be followed by prescribed procedure.

7.Considering the aforesaid facts and circumstances, this Court finds no merit in this Writ Petition. Accordingly, this Writ Petition is dismissed. No costs.