Madras High Court
Dr.A.Duraisami vs State Of Tamil Nadu on 13 July, 2021
WP NO.899 OF 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
WP NO.899 OF 2015
AND MP NO.1 OF 2015
Dr.A.Duraisami ... Petitioner
Vs.
1.State of Tamil Nadu
Rep. by its Secretary to Government
Higher Education Department
Secretariat, Chennai – 600 009.
2.The Chairman
Teachers Recruitment Board
Chennai – 600 006.
3.Director of Collegiate Education
Chennai – 600 006. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents to
award 14 marks for teaching experience to the petitioner bearing Regn.
1/8
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WP NO.899 OF 2015
No.13 AP 1627810 and to appoint the petitioner as Assistant Professor
(Commerce) under S.C. (General) Category for direct recruitment of
Assistant Professors in Tamil Nadu Collegiate Educational Service for
Government Arts & Science Colleges – 2012 and confer all the consequential
benefits.
For Petitioner : Mr.P.Ganesan
For Respondents : Mr.C.Selvaraj
Government Advocate (Civil Side)
ORDER
The writ petitioner seeks for a direction from this Court for
counting the marks for his teaching experience from 1999, the year in which
he obtained M.Phil., qualification, till the date of his selection.
2.The petitioner appeared for selection to the post of Assistant
Professor before the second respondent. The second respondent / Teachers
Recruitment Board earmarked 15 marks for teaching experience. In the
present case, the petitioner joined service as Lecturer in Dr.Nalli Kuppusamy
Arts College, Thanjavur, on 01.06.1998. However, he was not holding the
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WP NO.899 OF 2015
prescribed qualification of M.Phil., till 1999. Therefore, the authorities have
calculated the years of experience from 01.06.2000 to 28.04.2008. As such,
he gained 7 years 9 months and 28 days of experience. Thereafter, he was
appointed as an Assistant Professor with effect from 04.01.2009 in the very
same college and he continued till 15.09.2009, acquiring 8 months and 10
days experience as Assistant Professor. Thereafter, he joined in Thanthai
Hans Roever College, Perambalur, Perambalur District, as Assistant
Professor, on 16.09.2009 and continued as such, till the date of interview.
The experience certificate issued by the college, which is endorsed by the
Joint Director of Collegiate Education, states that he possessed experience of
3 years 9 months and 15 days as Assistant Professor. Thus, he has 13 years of
teaching experience with M.Phil., qualification and he is entitled to full
marks for teaching experience. However, the Teachers Recruitment Board
relied on the Corrigendum issued by them dated 02.08.2013, wherein his
experience was counted from 14.06.2006 pursuant to an order passed by this
Court in W.P.No.18186 of 2013.
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WP NO.899 OF 2015
3.I do not venture into the issue of counting the past services
before 14.06.2006 as the Regulations issued by the University Grants
Commission takes effect prospectively.
4.Be that as it may, the admitted fact is that as per the
Corrigendum No.3 dated 02.08.2013, the Teachers Recruitment Board
calculated the years of teaching experience from 01.06.2006 to 28.04.2013.
5.From the records, it is seen that the petitioner was
continuously working in Dr.Nalli Kuppusamy Arts College, Thanjavur, from
01.06.1998 till 15.09.2009 and from 16.09.2009, till the date of selection,
with Thanthai Hans Roever College, Perambalur, Perambalur District.
Therefore, except for a short spell where his employment status is not clear,
he has been continuously working. Therefore, the Teachers Recruitment
Board should have calculated the years of experience from 01.06.2006 till
2013 continuously and allotted 14 marks.
6.Apart from the above, the University Grants Commission has
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WP NO.899 OF 2015
substituted the qualification of M.Phil., from the year 1993 onwards, by its
Notification F.No.1-1/2002(PS) Exemp. Dated 14.06.2006. When a new
Regulation issued, that will take effect from the date of its issuance or date of
its publication. But, substitution or amendment to a particular clause of the
Official Memorandum, will take effect from the date of issuance of particular
Official Memorandum.
7.In this case, the previous Official Memorandum was issued in
the year 2000. Therefore, the teaching experience of the petitioner should
have been calculated at least from 2000. Even as per this Regulation namely
University Grants Commission (Minimum Qualifications Required For The
Appointment and Career Advancement of Teachers in Universities and
Institutions affiliated to it) (Second Amendment) Regulations, 2006, the
petitioner is entitled to two marks from 2000 to 2013, except for the short
spell between May 2008 and January 2009. Even otherwise also, as per the
Notification of the University Grants Commission dated 14.06.2006, the
petitioner is entitled to full marks for teaching experience.
8.Therefore, the calculation made by the Teachers Recruitment
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WP NO.899 OF 2015
Board, pursuant to the Corrigendum No.3 dated 02.08.2013, is not correct
and therefore, the action of the Teachers Recruitment Board in awarding 13
marks to the petitioner is liable to be set aside and accordingly, set aside.
Consequently, a further direction is given to the second respondent Teachers
Recruitment Board, to count the petitioner's teaching experience as seven
years and award 14 marks for the same, as it was rightly calculated by them
during certificate verification.
9.The learned counsel for the petitioner would take the support
of the judgment of this Court in W.P.No.16021 of 2014 dated 30.06.2014.
But in this case, we need not go into that aspect because the petitioner has
more years of teaching experience than required. Further, the petitioner
belongs to Scheduled Caste community and lot of posts of Assistant
Professor remain unfilled under this category.
10.Therefore, a direction is given to the respondents to consider
the petitioner for appointment in the backlog vacancies, as there is an order
by this Court to keep a post vacant. In fact, this appointment will clear the
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WP NO.899 OF 2015
vacancy and augment to the education of the students. The respondents are
directed to consider the issue and pass appropriate orders within a period of
three months from the date of receipt of a copy of this order. No costs.
11.The writ petition stands allowed. No costs. Consequently,
connected miscellaneous petition is closed.
13.07.2021
Index : Yes/No
Internet : Yes/No
Speaking / Non-speaking order
TK
To
1.The Secretary to Government
Higher Education Department
Secretariat, Chennai – 600 009.
2.The Chairman
Teachers Recruitment Board
Chennai – 600 006.
3.Director of Collegiate Education
Chennai – 600 006.
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WP NO.899 OF 2015
M.GOVINDARAJ, J.
TK
WP NO.899 OF 2015
13.07.2021
https://www.mhc.tn.gov.in/judis/
