Madras High Court
A.Thamilisai vs The Director on 9 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.23948 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.23948 of 2019
and
W.P.(MD)No.20559 of 2019
A.Thamilisai : Petitioner
Vs.
1.The Director,
Technical Education,
Directorate of Technical Education (Dote),
53, Sardar Patel Road,
Guindy,
Chennai – 600 025.
2.The Chairman,
Teachers Recruitment Board,
EVK Sampath Buildings,
College Road,
Chennai – 600 006.
3.The Principal,
Alagappa Chettiar Government College
of Engineering and Technology,
Karaikudi, Sivagangai District.
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W.P.(MD)No.23948 of 2019
4.The Principal,
GMS-MAVMM Polytechnic College,
Alagarkovil, Madurai – 625 301.
5.The Principal,
K.L.N. College of Information Technology,
Madurai-Nedungulam Road,
Pottapalayam,
Sivagangai District – 630 612.
6.The Principal,
Kamaraj College of Engineering & Technology,
S.P.G.C. Nagar, K.Vellakulam,
Near Virudhunagar,
Madurai District – 625 701. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Mandamus, directing the respondents 1
and 3 herein to receive the Format – I teaching experience certificate
dated 17.10.2019 submitted by the petitioner in respect of her
teaching experience gained from GMS-MAVMM Polytechnic College,
Madurai between 14.06.2006 – 13.04.2007 and also counter sign the
same and also the Format I teaching experience Certificate
presented by the petitioner in respect of teaching experience from
K.L.N. College of Information Technology, Pottapalayam and
Kamaraj College of Engineering & Technology, K.Vellakulam
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W.P.(MD)No.23948 of 2019
forthwith so as to enable the petitioner to participate in the process
of selection pursuant to Notification No.12/2019 dated 28.08.2019
and 04.10.2019 issued by the second respondent.
For Petitioner : Mr.J.Anandkumar
for Mr.A.Chilamparasan
For Respondents 1 & 3 : Mr.S.Kameswaran
Special Government Pleader
For Respondent No.2 : Mr.VR.Shanmuganathan
Standing Counsel
ORDER
This Writ Petition has been filed for a Mandamus seeking
for a direction to the respondents 1 and 3 to receive the Format – I
Teaching Experience Certificate dated 17.10.2019 submitted by the
petitioner in respect of her teaching experience gained from GMS-
MAVMM Polytechnic College, Madurai between 14.06.2006 –
13.04.2007 and also counter sign the same and also the Format I
Teaching Experience Certificate presented by the petitioner in
respect of teaching experience from K.L.N. College of Information
Technology, Pottapalayam and Kamaraj College of Engineering &
Technology, K.Vellakulam forthwith, so as to enable the petitioner to
participate in the process of selection pursuant to Notification No.
12/2019 dated 28.08.2019 and 04.10.2019 issued by the second
respondent.
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2.It is now brought to the notice of this Court by the
learned Standing Counsel appearing for the respondent [Teachers
Recruitment Board] that subsequent to the filing of this Writ Petition,
the impugned notification namely Notification No.12/2019 dated
28.08.2019 and 04.10.2019 issued by the second respondent has
been withdrawn. The said statement is recorded.
3.However, learned Counsel for the petitioner would submit
that in the first limb of the prayer in this writ petition, the petitioner
has sought for a direction to the respondent Board to award marks
for the experience in polytechnic colleges referred to in the prayer of
this writ petition and the same will have to be considered in the light
of the judgment rendered by the Division Bench of this Court dated
26.11.2014 passed in W.A.2114 of 2012 in the case of
Dr.M.Govindaraju Vs. State of Tamil Nadu and others, wherein it has
been categorically held that polytechnic colleges are also colleges
and therefore experience gained by the petitioner in those colleges
will have to be considered for the award of marks.
4.Learned Counsel for the petitioner also drew the
attention of this Court to paragraph No.6 of the aforesaid judgment
of the Division Bench of this Court, wherein it has been held that the
experience gained in polytechnic colleges is also to be considered for
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the purpose of awarding marks which is identical to the case on
hand. However, since the impugned notification has been withdrawn
subsequent to the filing of this writ petition, only in respect of future
notifications to be issued by the respondent Board, the petitioner can
get the benefit by the award of marks in her favour for her
experience in the polytechnic colleges referred to supra.
5.Learned Standing Counsel appearing for the respondent
Board has also not raised any serious objection if the petitioner is
awarded marks for her experience in polytechnic colleges and the
same is considered by the respondent Board as and when the
petitioner participates in any selection process pursuant to a
notification issued by the respondent Board for selection in the near
future.
6.For the foregoing reasons, this Writ Petition is disposed
of by holding that the petitioner is entitled to be awarded marks for
her experience in polytechnic colleges and a direction is issued to the
respondent Board [Teachers Recruitment Board] to consider
awarding of marks to the petitioner for her experience in polytechnic
colleges referred to supra as and when the petitioner participates in
any selection process called for by the respondent Board [Teachers
Recruitment Board] in the near future.
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7.With the above direction, this Writ Petition stands
disposed of. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
09.09.2024
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
https://www.mhc.tn.gov.in/judis
To
1.The Director,
Technical Education,
Directorate of Technical Education (Dote),
53, Sardar Patel Road,
Guindy,
Chennai – 600 025.
2.The Chairman,
Teachers Recruitment Board,
EVK Sampath Buildings,
College Road,
Chennai – 600 006.
3.The Principal,
Alagappa Chettiar Government College
of Engineering and Technology,
Karaikudi, Sivagangai District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
MR
09.09.2024
https://www.mhc.tn.gov.in/judis
