Madras High Court
The Chairman vs S.Manoj Prabhakar on 9 February, 2021
W.A.No.197 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.197 of 2021
The Chairman,
Teachers Recruitment Board,
College Road, Chennai 6. ... Appellant
Vs.
1.S.Manoj Prabhakar
2.The University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi 110 002. ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 06.02.2020 passed in W.P.No.1612 of 2020.
For Appellant :: Mr.C.Munusamy,
Spl.G.P. (Education)
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W.A.No.197 of 2021
JUDGMENT
(Delivered by SENTHILKUMAR RAMAMOORTHY, J.)
The State is the appellant herein. The first respondent had filed a
writ petition challenging Clause 2(c) of Sl.No.63 of notification
No.12/2019, dated 28.08.2019 and 04.10.2019.
2. The basis of the challenge was that NET/SLET tests are not
being conducted with regard to the discipline of Visual Communication
and that therefore, the official respondents to the writ petition should
be directed to proceed with the selection process without insisting on
the NET/SLET qualification.
3. The principal contention of learned Special Government
Pleader is that the notification provides for an exemption from the
requirement of a NET/SLET qualification only if the candidates
concerned possess a Ph.D. Degree. The writ Court considered this
contention and negatived the same by drawing reference to the UGC
norms, as per notification dated 18.07.2018, which provide that the
clearing of NET/SLET shall not be required for candidates in disciplines
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W.A.No.197 of 2021
wherein the said tests are not conducted. The contention of the
learned Special Government Pleader cannot be countenanced for the
reason that the exemption granted to candidates with a Ph.D. Degree
is in respect of disciplines wherein the NET/SLET test is conducted. As
regards disciplines in which the said tests are not conducted, it stands
to reason that the candidates concerned cannot be disqualified for not
clearing tests that are not conducted as regards those specific
disciplines.
4. In view of the aforesaid discussion, we find that the order
impugned has been pronounced after considering all material and
relevant aspects. Therefore, the order of the writ Court does not call
for any interference. Hence, W.A.No.197 of 2021 is dismissed.
Consequently, C.M.P.No.914 of 2021 is closed. There is no order as to
costs.
(S.B., CJ.) (S.K.R., J.)
09.02.2021
Index : Yes/No
tar
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W.A.No.197 of 2021
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W.A.No.197 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(tar)
W.A.No.197 of 2021
09.02.2021
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