Madras High Court
M.Senbagam vs The Teacher Recruitment Board on 16 September, 2022
W.P.(MD)No.17633 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:16.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.17633 of 2017
and
W.M.P.(MD).Nos.14185 to 14187 of 2017
M.Senbagam ... Petitioner
-Vs-
1.The Teacher Recruitment Board,
Rep. by its Chairman,
College Road,
Chennai-600 006.
2.The Director of School Education,
College Road,
Chennai-600 006.
3.The Chief Educational Officer,
Theni District.
1/12
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W.P.(MD)No.17633 of 2017
4.The Registrar,
Periyar University,
Salem.
5.The Registrar,
Tamil Nadu Teachers Education University,
Chennai. ... Respondents
(R4 and R5 are impleaded vide Court order
dated 17.02.2022 in W.M.P.(MD).No.13667 of 2021 in
W.P.(MD).No.17633 of 2017)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorarified Mandamus, calling for the records
pertaining to the order of non selection passed by the first respondent dated
NIL published on 12.09.2017 in the website and quash the same, and direct
the respondents to appoint the petitioner as P.G Assistant, Mathematics under
M.B.C category for the recruitment year 2017 with all consequential benefits.
For Petitioner : Mr.V.Panneer Selvam
For Respondents : Mr.VR.Shanmuganathan (for R1)
Mr.V.OMprakash (for R2 & R3)
Government Advocate (Civil Side)
2/12
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W.P.(MD)No.17633 of 2017
Mr.K.Ragatheeshkumar (for R4)
for M/S.Isaac Chamber
ORDER
The present Writ Petition has been filed to quash the order of non
selection passed by the first respondent dated NIL published on 12.09.2017 in
the website and to direct the respondents to appoint the petitioner as P.G
Assistant, Mathematics under M.B.C category for the recruitment year 2017
with all consequential benefits.
2.The brief facts of the case are as follows:
The petitioner has passed 10th March 2007, 12th in March, 2009, B.Sc.,
Mathematics in the year 2012 in Bishop Ambrose College, Coimbatore, B.Ed.,
in the year 2013 in Rasi College of Education, Rasipuram and M.Sc.,
Mathematics in the year 2015 in Periyar University, Salem. He was fully
qualified for the post of P.G. Assistant Mathematics and he has also registered
his name in the employment exchange. The first respondent has published
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W.P.(MD)No.17633 of 2017
notification to fill up the posts of P.G. Assistant on 09.05.2017 calling for
application from all eligible candidates by fixing the last date for submission
of application on 30.05.2017 and fixed the date for written examination on
02.07.2017. The petitioner had applied and attend the written examination on
02.07.2017. After examination, the first respondent had issued the result on
11.08.2017. In the result, the petitioner has secured 77 marks in the written
examination. The petitioner was granted one mark for employment seniority
and totally the petitioner is having 78 marks. On the same day, i.e., 11.08.2017
the first respondent sent a communication to participate in the certificate
verification on 28.08.2017 for the selected candidates. The petitioner
participated in the certificate verification on 28.08.2017. After certificate
verification, the first respondent published the result in the website. However,
the petitioner's name was not selected for the reason that the petitioner is
having parallel decree for P.G 2012-2014 and 2012-2013. The contention of
the petitioner is that he had joined in B.Ed. degree on 22.08.2012 and
completed on 19.05.2013. After completion of B.Ed. course, the petitioner
joined in M.Sc., only on 02.08.2013 and completed on 05.05.2015. Therefore,
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W.P.(MD)No.17633 of 2017
there is no question of parallel degree at all. The cut of marks fixed for the
post of P.G. Assistant Mathematics for M.B.C. Candidates 77 marks. Since
the petitioner has secured 78 marks, he is eligible and entitled to get
appointed. There is an error in the selection process and hence the petitioner
has come up with this writ petition.
3.The learned counsel appearing for the first respondent filed counter
stating that the duration of M.Sc., course is only for two years and the
petitioner was admitted in the course only during August 2013 and completed
the course in May 2015 only. However, the convocation certificate is clearly
stated that the petitioner completed the course in December 2014. Moreover,
the first respondent submitted that the petitioner has joined M.Sc., course in
the year 2013 and she has completed the course on 05.05.2015, but the decree
certificate produced by the petitioner reflected that she completed the course
in December 2014 itself. Therefore, the first respondent contended that the
petitioner has suppressed the fact of having completed M.Sc., degree in
December 2014 itself. As per order of this Court dated 18.09.2017, the
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W.P.(MD)No.17633 of 2017
candidate was permitted to participate in the counseling and also permitted to
select a place for the post of P.G. Assistant Mathematics on 19.09.2017 at
Theni District. But, in the official letter to Teachers Recruitment Board by
Chief Educational Officer, Theni, in R.C.No.2525/B4/2017, dated 21.09.2017,
it is also stated that based on the educational certificates, it was found that
candidate has obtained her M.Sc., and B.Ed., in the same year.
4. Heard Mr.V.Panneer Selvam, the Learned Counsel appearing for the
petitioner, Mr.VR.Shanmuganathan the Learned Counsel appearing for the 1st
respondent, Mr.V.Om Prakash, the Learned Government Advocate appearing
for the 2nd and 3rd respondents and Mr.K.Ragatheeshkumar, for M/S.Isaac
Chamber, the Learned Counsel appearing for the 4th respondent and perused
the records.
5. When the matter was listed on earlier occasion before this Court, this
Court impleaded the Registrar, Periyar University, and the Registrar, Tamil
Nadu Teachers Education University, Chennai as the respondents 4 and 5, vide
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W.P.(MD)No.17633 of 2017
order dated 17.09.2021 and notice was issued to the proposed respondents 4
and 5.
6. Today, the learned counsel appearing for the fourth respondent,
Periyar University submitted that are two systems are followed in all the
Universities, one is “Calendar Year” and another is “Academic Year”. In the
present case, the petitioner was appointed in the Calendar Year. The
petitioner's date of admission on 02.08.2013. The university has obtained
permission from the appropriate authority to enroll the students until
31.10.2013 for Calendar Year. Therefore, based on the permission, the
students were enrolled until October 2013. The petitioner herein was enrolled
in the month of August, 2013. Even though the Calendar year is extended
until the month of October 2013, the examination would be conducted in the
month of December 2013. However, due to administrative reason, the
examination was conducted in January 2014 and the petitioner had completed
the first year in January 2014. Thereafter, the second year examination was
conducted in the month of December 2014 and the date of publishing
examination result was on 03.02.2014. Therefore, the petitioner has
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W.P.(MD)No.17633 of 2017
completed two years course in the university.
7. Considering the rival submissions and on perusal of the materials
available on records, this Court is of the considered opinion that the university
is offering Course based on Academic Year (from June to May) and Calendar
Year (from January to December). The contention of the University is that at
times the students strength in the Distance Education would be less and hence
the university has obtained permission from the appropriate authority to enroll
the students until 31.10.2013. Hence the petitioner was enrolled in the course
in August 2013. The petitioner was enrolled since the petitioner had
completed the B.Ed. on 19.05.2013. Thereafter the examination ought to be
conducted in December 2013, but due to administrative the examinations
could not be conducted. Then the examination was conducted in January 2014
and the petitioner was permitted to write the examination for the first year in
January 2014. Thereafter the petitioner completed the second year
examination in December 2014. The course completion certificate was issued
on 05.05.2015. from the above narrated events this Court is of the considered
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W.P.(MD)No.17633 of 2017
opinion that the petitioner has completed the course on two different periods
and there is no simultaneous degree. Therefore, the first respondent is directed
to include the petitioner's name in the selection list and issue the selected list
to the second respondent. On receipt of the selected list, the second and third
respondents shall issue an appointment to the petitioner. This direction can be
carried out within a period of four weeks from the date of receipt of a copy of
this order.
8. Before parting with the judgment this Court is of the
considered opinion that the practice of calendar year and academic year is
creating confusion among the candidates and the recruiting agencies. The
practice of enrolling students until October and conducting the first year
examination in December, which means the students have not even completed
the entire course. The students within two months are completing the first year
course. This practice ought to be deprecated since the students are not
completing full course. Generally the students will be admitted in the month
of June and examination would be conducted next year March or April,
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W.P.(MD)No.17633 of 2017
thereby the students would attend the course for atleast 10 months. Therefore
the students should be allowed to write examinations only after completing 10
months of the course. Therefore, the University is advised to formulate a
system that the students are completing at least 10 months course and
thereafter attempt to write the examinations. Further the University is advised
to issue certificate clarifying the during of course while issuing the course
completion certificate.
9. With the above directions, this Writ Petition stands allowed.
No costs. Consequently, connected miscellaneous petitions are closed.
16.09.2022
Index : Yes / No
Internet : Yes / No
vsg
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17633 of 2017
To:
1.The Teacher Recruitment Board,
Rep. by its Chairman,
College Road,
Chennai-600 006.
2.The Director of School Education,
College Road,
Chennai-600 006.
3.The Chief Educational Officer,
Theni District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17633 of 2017
S.SRIMATHY,J.
vsg
W.P.(MD)No.17633 of 2017
and
W.M.P.(MD).Nos.14185 to 14187 of 2017
Dated:
16.09.2022
https://www.mhc.tn.gov.in/judis
