IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2009 CORAM THE HONOURABLE Mr. JUSTICE V. DHANAPALAN W.P.No.10614 of 2009 and M.P.No.1 of 2009 Dr.M.Jayaprakasam PETITIONER Vs 1 The Government of Tamil Nadu Rep. by its Secretary, Higher Education Department, Fort St.George, Chennai-600 009. 2. The Director, Collegiate Education, Chennai-600 006. 3.Teacher's Recruitment Board, Rep. by its Chairman, College Road, Chennai-600 006. RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent herein to call the petitioner for interview for the appointment of Lecturer for Government Arts and Science Colleges for the year 2008-2009. For Petitioners : Mr. K.Doraisamy, SC for M/s.Muthumani Doraisami & Kandhan Duraisami For Respondent : Mrs.Dakshayani Reddy Govt. Advocate O R D E R This petition is for a direction to direct the third respondent to call the petitioner for interview for the appointment of Lecturer in Government Arts and Science Colleges for the year 2008-2009. 2. Heard Mr.K.Doraisamy learned senior counsel for the petitioner and Mrs.Dakshayini Reddy, learned Government Advocate takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3. The facts necessary for consideration is that the third respondent has called for an advertisement for the recruitment of Lecturers in Tamil Nadu Collegiate Education Service for Government Arts and Science Colleges for the year 2008 for 1195 vacancies. The petitioner is qualified as prescribed in the notification, which is as follows: "Candidates with (i) Postgraduate Degree in the relevant subject with a minimum of 55% marks and (ii) a pass in the UGC/CSIR/JRF/NET Lecturer-ship test or State Level Eligibility Test (SLET) (OR) candidates with (i) Postgraduate Degree in the relevant subject with a minimum of 55% marks and (ii) M.Phil or Ph.D Degree or both in the relevant subject are eligible to apply. For those who apply for the post of Lecturers in Education must have secured a minimum of 55% in M.Ed degree with M.Phil of Ph.D or both are eligible. NET, SLET, SLST or an accredited Test shall remain the compulsory requirement for appointment as Lecturer for those with Postgraduate degree. However, the candidates having Ph.D degree in the concerned subject are exempted from NET or SLET or an accredited Test for P.G level and UG level teaching. The candidates having M.Phil degree in the concerned subject are exempted from acquiring NET or SLET or an accredited Test conducted by UGC for UG level teaching" 4. The petitioner having possessed with post graduation in commerce in Annamalai University through correspondence did full time M.Phil in Commerce in PSG Arts and Science College, Coimbatore and took up part time Ph.D and completed the same in Bharathiar University, Coimbatore. On completion of Ph.D, he has taken up the position of a Lecturer in Thavathiru Santhalinga Adigalar Arts, Science and Tamil College, Coimbatore and have been functioning in the same capacity for the past ten years. 5. The petitioner applied for the post of Lecturer in Commerce with the third respondent in response to the advertisement. As per the procedure adopted by the third respondent for the appointment of the Lecturer, the selection process involves two stages. Stage one is Certificate Verification, whereby the candidates were ranked subject- wise based on their experience, qualification and research contribution. The marks allotted to the same are 15, 9 and 5, respectively. If a candidate is found qualified after the certificate verification, he is called for interview. The maximum marks given for the interview is 10. By virtue of his qualification, experience and publication, he was given 29 out of 29 marks at the certificate verification stage. https://hcservices.ecourts.gov.in/hcservices/ 6. However, he did not get an interview call from the third respondent. He was informed that he was not called for interview. He did post graduation through distance education. Therefore, he was not qualified to be appointed. Since the above decision of the third respondent is illegal and unsustainable and therefore, as the petitioner is found to be eligible, he has filed this writ petition for the above relief. 7. The respondents has filed counter and it is stated that for the year 2008-2009, the Board, in accordance with Government orders, notified 1195 vacancies in various subjects in the dailies calling for application from eligible candidates. The vacancies notified were in accordance with communal reservation in force and duly following 30% reservation for women and as well as reservation for Physically Challenged persons. The post shall be filled on the basis of weightage marks awarded (a) Teaching Experience (b)Higher Education qualifications in the subject (c) Books/Articles published and (d) marks awarded in the Interview. 8. It is further stated that the Board has constituted Certificate Verification Board headed by Senior Principals and Professors from Collegiate Education Department. The candidates who have applied for the post have been called for verification. At the time of Certificate Verification, after scrutiny of the certificate produced by the writ petitioner, the Board felt that the M.Com degree possessed by the candidate was awarded through Distance Education and not in the regular stream. Hence, the Certificate Verification Board considered his candidature as ineligible. The decision of the Certificate Verification Board is final, since it was headed by senior principal and professors. Therefore, the Board could not call the writ petitioner for the Interview. The rules in force were followed strictly in the recruitment and there is no violation of rules at any stage as alleged by the writ petitioner and therefore, prayed for the dismissal of the writ petition. 9. On scrutinising the entire facts, the only question raised by the senior counsel for the petitioner is that the petitioner having qualified of post graduation in commerce and M.Phil and Ph.D is eligible to be appointed for the Lecturer post in the Government Arts and Science Colleges as per the advertisement. To examine the above question, the learned senior counsel produced a copy of the prospectus enclosing the copy of the Government Order G.O.Ms.No.107, Personnel and Administrative Reforms Department, dated 18.8.2009 and indicated that as per the above Government Order the Personnel and Administrative Reforms Department clarified that candidates, who have obtained degree from open University system are eligible only if they have studied 10+2+3 pattern of education. The petitioner was called for certificate verification. However, he was not called for https://hcservices.ecourts.gov.in/hcservices/ interview on the basis that he has obtained post graduation through distance education. As this position has been clarified in the above Government Order, the eligibility of the petitioner can be looked into as he had obtained the post graduate degree after studying 10+2+3 pattern of education. Therefore, the Government Order in G.O.Ms.No.107, Personnel and Administrative Reforms Department, dated 18.8.2009, which is in furtherance of earlier Government Orders in G.O.Ms.No.180 dated 11.9.2000 wherein the post graduate studies through the distance education has been accepted for employment purpose and therefore, the Government after careful consideration decided to clarify the position about the eligibility of the person, who have obtained degree from the Open University System. 10. In the light of the above, as the petitioner has satisfied the requirements as per the notification of the third respondent, the petitioner is entitled to be called for interview and he should be considered for the post of lecturer. This Court, by an order dated 17.6.2009 has issued an interim direction to keep one post of Lecturer in commerce subject vacant, provided if there is any vacancy. 11. In view of the above position, as per the direction of this Court, it is represented by the learned Government Advocate that the respondents are keeping one post vacant and in that circumstances, the petitioner has to be called for interview. Accordingly, the third respondent is directed to call the petitioner for interview for the appointment of Lecturer in the Commerce subject in Government Arts and Science College for the year 2008-2009, if he is otherwise eligible and proceed with the selection process. In any event the same shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1 The Secretary,Government of Tamil Nadu Higher Education Department, Fort St.George, Chennai-600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. The Director, Collegiate Education, Chennai-600 006. 3. The Chairman Teacher's Recruitment Board, College Road, Chennai-600 006. 1 cc To Mr.Muthumani Doraisami, Advocate, SR.58867 1 cc To The Government Pleader, SR.58846 W.P.No.10614 of 2009 ng(co) pmk.6.11.2009. https://hcservices.ecourts.gov.in/hcservices/