W.P(MD)No.19161 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD).No.19161 of 2015
and
M.P(MD).Nos.1 and 2 of 2015
S. Jamil Fathima,
: Petitioner
Vs
1. The Teachers Recruitment Board,
Rep. by its Chairman,
College Road,
Chennai 600 006.
2. The Director of School Education,
College Road,
Chennai 600 006
: Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to the order of non selection published by the 1st
respondent dated NIL and quash the same, and direct the respondents to
appoint the petitioner as P.G.Assistant, Physics under B.C. Muslim Category
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W.P(MD)No.19161 of 2015
for the recruitment year 2012 with all consequential benefits.
For Petitioner : Mr.V.Panneerselvam
For R1 : Mr.V.R.Shanmuganathan
For R2 : Mr.D.Farjana Ghoushia
Special Government Pleader
ORDER
This writ petition had been filed for writ of Certiorarified Mandamus, to quash the order of non selection published by the 1st respondent dated NIL and direct the respondents to appoint the petitioner as P.G. Assistant, Physics under B.C. Muslim Category for the recruitment year 2012 with all consequential benefits .
2. The brief facts as stated in the affidavit are that the petitioner passed tenth standard in March 2001, twelfth standard in March 2003, B.Sc. Physics in the year 2006 from Gandhi Gram Rural University, B.Ed. in April 2006 in Gandhigram Rural University. Thereafter, the petitioner joined M.Sc. Physics in Madurai Kamaraj University in May 2007. The first year examination was conducted in November 2007 and the second year examination was conducted in November 2008. Then, the results were published on 24.03.2009 wherein 2/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.19161 of 2015 the petitioner had passed the M.Sc. Physics.
3. The contention of the petitioner is that she is fully qualified for the post of P.G. Assistant and hence she had participated in the examination conducted by the Teachers Recruitment Board for the post of P.G. Assistant Physics. The registration number of the petitioner is No.12PG04080028 and the petitioner has secured 96 marks and for the employment seniority, she was granted one mark and totally she is having 97 marks. The petitioner belongs to Backward Class Muslim and she was selected under the said category. Thereafter, for the purpose of issuance of appointment order, the respondents conducted certificate verification on 31.10.2012 and the petitioner had participated in the said certificate verification. The respondents had fixed the cut off mark for the post of P.G. Assistant Physics for B.C.M as 92 and the date of birth 06.02.1986. The petitioner's date of birth is 07.12.1985 and she had secured 97 marks. The respondents published the result in the website and it showed that the petitioner was not selected on the ground that the petitioner had studied M.Sc. and B.Ed. in the same year. But the petitioner contended that she had studied in different calendar year and hence the rejection made by the respondents is not sustainable. Hence, the present writ petition has been 3/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.19161 of 2015 filed.
4.The first respondent filed a counter stating that the petitioner applied for the post of P.G. Assistant English in pursuant to the Advertisement No. 2/2012, dated 28.02.2012. On scrutiny of the records/certificates, it is seen that the petitioner had completed two degrees i.e., M.Sc. Physics and B.Ed. simultaneously in the same year. The Government of Tamil Nadu had prescribed the qualification for the Post Graduate vide G.O.Ms.No.720 Higher Secondary Department, dated 28.04.1981 and as amended in G.O.No. 361, School Education Department, dated 31.12.1999, the Teachers Recruitment Board have been instructed to adopt the qualification incorporated in the said G.Os'. The qualification prescribed in the said notification is that the candidate should possess M.A./M.Sc./M.Com. in the relevant subject with B.Ed. Degree and Master Degree, both for the academic subject and languages. All degrees should be from UGC/NCTE recognised Universities only. In addition to the above qualification, those who underwent the course of study under the pattern of study as per G.O.107 School Education Department, dated 18.08.2009 and as per G.O.242 Higher Educated, dated 18.12.2012 are eligible to be appointed as Teacher. The 4/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.19161 of 2015 pattern of study to be treated as eligible as per the above G.Os' are as follows:
10+2+3+1+2, 10+2+3+2+1, 10+3+3+1+2, 10+3+3+2+1, 11+1+31+2, 11+1+3+2+1
5. The Registrar, University of Madras in his letter vide No. ERC / Evaluation - Dual Degrees/2011 - 051, dated 12.01.2011, addressed to the Chairman, Teachers Recruitment Board, wherein it is stated that the undergraduate degree and B.Ed. in the same academic year by undergoing the course through Open university and regular course from different universities have not been recognized so far. Further, the Chairman has informed that the U.G. Degree and B.Ed. cannot be obtained by the candidates in the same academic year. In the present case, the petitioner has undergone M.Sc. Physics and B.Ed. in the same academic year i.e., 2007-2008. Therefore, the petitioner is not eligible for consideration. Therefore, the respondents prayed to dismiss this petition.
6. Heard Mr.V.Panneerselvam the learned Counsel appearing for the petitioner and Mr.V.R.Shanmuganathan, the learned Counsel appearing for the first respondent and Mrs.D.Farjana Ghoushia the learned Special Government 5/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.19161 of 2015 Pleader appearing for the second respondent.
7. The contention of the respondents for rejecting the petitioner's candidature is that she has obtained M.Sc. and B.Ed. degrees in the same year i.e., 2007-2008, i.e. the overlapping degree cannot be considered for issuing appointment order. However, the learned Counsel appearing for the petitioner submitted that the petitioner had completed B.Sc. Physics in the year 2006, B.Ed. in April 2007 and the petitioner joined M.Sc. Physics in Madurai Kamaraj University in May 2007. Since the petitioner was enrolled as a student in May 2007 calendar year, the petitioner was allowed to write the examination, which was conducted in November 2007 and hence, the contention of the petitioner is that there is no overlapping at all. The Madurai Kamaraj University and other Universities follow the calendar year / academic year for admission for the year 2007-2008. The calendar year would be from January 2007 onwards and the academic year is from June 2007 onwards. Therefore, the university admitted the students from January 2007 to July 2007. If the students strength is less in number, then the university would seek permission from the appropriate authority for extending the time to admit students. In certain cases, time was granted until October. However, 6/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.19161 of 2015 for the academic year starting from January, the classes would be conducted and the examination will be held in November or December. In the present case, the first year examination was conducted in November 2007 and the petitioner had participated in the examination and passed the exam. Therefore, the respondents are incorrect in stating that the petitioner has completed both B.Ed. and M.Sc. Physics degrees in the same year. At the cost of repetition, the petitioner submitted that the petitioner has completed B.Ed. degree in April 2007 itself, admission for M.Sc. Physis in May 2007 then completed the course of M.Sc. Physis in November 2007. Therefore, this Court is of the considered opinion that if the practice is followed by the Madurai Kamaraj University and other universities by considering the calendar year and academic year, the students cannot suffer. Since there is no overlapping, the first respondent is directed to consider the petitioner's candidature and issue a revised list by including the petitioner's name. Thereafter, the second respondent is directed to issue the appointment order. It is made clear that the petitioner would be considered for all benefits from the date of the appointment order and she cannot claim any monetary and service benefits from the year, the batch had been recruited.
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8. Before parting with this judgment, this Court is of the considered opinion there is no comprehensiveness between the university and the recruiting agency. Either the recruiting agency should follow the university's pattern or the universities should follow the recruiting agency's pattern. The universities and the recruiting agency should come up with a solution to address this issue. This issue is recurring and this Court had seen atleast four such petitions.
9. The learned Counsel appearing for the petitioner as well as the TRB submitted that the calendar year ought to be fixed until May of every year and thereafter, it should be considered as academic year and the enrolment cannot go beyond the month of July, at the most until August. If it is going beyond August, then the candidates enrolled will study the first year only for two months. It is a settled principle that the master degree should be completed in two years i.e., two full years. If this practice is followed, the first year will be completed within two months, then it is against the Article 14 of our Constitution, where the regular candidates will be undergoing atleast ten months of the course, but the distance education candidate completes it within two/three months. Therefore, this Court directs the Teachers Recruitment 8/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.19161 of 2015 Board, Tamil Nadu Public Service Commission and the Universities to come up with clear guidelines for recruiting the candidates and for considering the candidates for appointment.
10.With the above directions, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.
19.09.2022
Index : Yes / No
Internet : Yes/ No
lr
To
1. The Teachers Recruitment Board,
Rep. by its Chairman,
College Road,
Chennai 600 006.
2. The Director of School Education,
College Road,
Chennai 600 006
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.19161 of 2015
S.SRIMATHY, J.
lr
W.P(MD).No.19161 of 2015
19.09.2022
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https://www.mhc.tn.gov.in/judis