Writ petition seeking appointment as Associate Professor in Tamil Nadu Teachers Education University. The court held the petitioner lacked the mandatory Ph.D. in Education and requisite experience under UGC/NCTE regulations, and that the selection process had already concluded, making the petition infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.15037 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 29.11.2023
PRONOUNCED ON : 17 .04.2024
CORAM :
THE HONOURABLE DR. JUSTICE D.NAGARJUN
W.P.No.15037 of 2015 and M.P.Nos.1 and 2 of 2015
Dr.A.Devaki ...Petitioner Vs.
Tamil Nadu Teachers Education University, Rep. by its Registrar,
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondent to consider and appoint the petitioner for the post of Associate Professor in the Department of Pedagogical Sciences and Department of Educational Planning and Administration as per their notification dated 22.01.2015 vide Advt.No.DIPR/50/Display/2015/22.01.2015 with effect from the date of the said notification and pay her all the monetary and other service benefits.
For petitioner : Mr.K.Srinivasa Murthy For M/s.Row and Reddy For respondent : Ms.S.Buvaneshwari Standing Counsel
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O R D E R
This writ petition is filed seeking for a direction to the respondent to appoint the petitioner for the post of Associate Professor in the Department of Pedagogical Sciences and Department of Educational Planning and Administration and pay her all the monetary and other service benefits.
writ petition are as follows:
2.1. The petitioner has completed B.Sc.(Botany)., B.Lit, M.A.(Tamil), M.B.A.(Education Management)., M.Ed., M.Phil (Tamil), M.Phil (Education), Ph.D (Tamil) and she has published papers in various journals and also attended conferences across the globe.
2.2. The petitioner has submitted her application on 16.02.2015
with all the credentials, for the vacancies in the respondent's University. As there was no intimation with regard to the dates of interview to be held, the petitioner enquired the respondent and found that the candidates were secretly called to attend interview without publishing anywhere and that
interviews were conducted on various dates, viz., 15 and 16 May 2015, by https://www.mhc.tn.gov.in/judis Page No.2 of 14
W.P.No.15037 of 2015
calling the candidates through phone and the final interview was scheduled to be held on 23.05.2015. But the petitioner's name was not found in the list of candidates to be called for interview.
2.3. The petitioner submitted a representation dated 19.05.2015 to the respondent office and who has informed the petitioner that unless a Court order is received, she would not be called for an interview. Hence, the petitioner has come forward with the present writ petition.
the respondent University has published notification dated 22.01.2015 for direct recruitment for 12 posts of Associate Professor and that as per the qualifications stipulated in the UGC/NCTE Regulations, the petitioner was not eligible for the said post since as on the date of notification the petitioner did not posse Ph.D degree in Education and she does not have eight years of experience after qualifying NET/SLET/Ph.D. in Education. It is mentioned further that the petitioner was working as a Associate Professor in Government College of Education, Komarapalayam, Namakkal District and she has not applied through proper channel and hence, this was also one of the criterion for not considering the petitioner's
https://www.mhc.tn.gov.in/judis Page No.3 of 14
W.P.No.15037 of 2015
application.
interview were communicated individually through speed post and interview was held on 15.05.2015 and out of the said 12 vacancies, only four posts were filled through the process of Interview held on 14 and 15 May,2015. The remaining post were unfilled due to non availability of suitable candidates.
record.
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W.P.No.15037 of 2015
details in the website. On further enquiry, she came to know that interview
was conducted in piece meal manner and on 15 and 16 May some of the candidates were called over phone and interview and the final interview was scheduled on 23.05.2015. She also came to know that her name was not included in the list of candidates to be called for interview and thereby, filed this writ petition for a direction to the respondents to consider and appoint her to the post of Associate Professor in the Department of Pedagogical Sciences and Department of Educational Planning and Administration.
her application was rightly rejected and her name was not included in the list of candidates called for interview.
Associate Professor the qualification prescribed in UGC/NCTE are as follows:
Candidates applying should posses
(i) good academic record with Ph.D Degree in the
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W.P.No.15037 of 2015
concerned/allied/relevant disciplines.
(ii) Master's Degree and M.Ed. With atleast 55 % of marks in
both and
(iii) A minimum of eight years of experience of teaching and/or
research in an academic/research position equivalent to that of Assistant Professor in a University, College etc.
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the petitioner:
| S.No | Qualifications stipulated in the UGC/NCET Regulations. |
Actual Qualifications of the Writ petitioner. |
|---|---|---|
| 1 | Good academic record with a Ph.D. Degree in the concerned/allied/ relevant disciplines/Education. |
Having Ph.D. Degree in Tamil and not in concerned subject of 'Education'. It is evident from the Petitioner's statement that she is pursuing Ph.D. in Education at present. Hence, she is not eligible. |
| 2 | A Master's Degree and M.Ed. with at least 55% of marks, in both. |
A Master's Degree and M.Ed.with at M.A.-55%; M.Ed.-52%; least 55% of marks, in both |
| 3 | A Minimum of eight years of Petitioner is not having required no. of 8 experience of teaching and/or research years’ experience after qualifying in academic/research position NET/SLET/Ph.D. in Education. Hence, she equivalent to that that of Assistant is not eligible. Professor in a University, College. |
Petitioner is not having required No. of 8 years of experience after qualifying in NET/SLET/Ph.D in Education. Hence, she is not eligible. |
Hence, according to the qualifications prescribed above the petitioner does
not posses the requisite qualification at the time of submitting her application.
Principal of the College and not through proper channel i.e., through
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W.P.No.15037 of 2015
Directorate of Collegiate Education, Chennai. According to the respondents unless an employee who has already been working has to submit his/her application through proper channel. The petitioner, though filed reply affidavit did not mention anything about this aspect. The petitioner has submitted her application through the Principal of the College, where she was working. It is the duty of the Principal to either forward it directly to the University or to the Directorate of Collegiate Education, Chennai. If the application required to be processed through Directorate of Collegiate Education, Chennai, then it is not the mistake committed by the petitioner but by the Principal of the College. The principal of the college to whom application was submitted is expected to forward through proper channel. Therefore that cannot be an impediment for not considering the petitioner's candidature for the post of Associate Professor, if the petitioner is otherwise eligible.
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petitioner that as per the regulations of UGC/NCTE Ph.D Degree in Education is not mandatory requirement and if a person is having Ph.D Degree in the concerned or relevant discipline, then that is sufficient. However, the basic requirement for Associate Professor shall be Ph.D in Education and since the petitioner is not having the requisite qualification she is not eligible for the said post.
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notification dated 28.11.2014 has prescribed new norms for B.Ed and other educational institutions and also qualifications required for the staff. Clause 5 of appendix 4 deals with the qualification required for the staff and as per clause 5.2. the required qualification is Ph.D in Education or in any pedagogic subject offered in any institution and that Tamil subject is one of the pedagogic subjects and the respondent University imparts Tamil language to its students. The respondents without noticing the 2014 regulations have been insisting that Ph.D in Education alone and refusing to consider even though the petitioner posses Ph.D Tamil (pedagogic subject).
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Pedagogical Sciences and Department of Educational Planning & Administration comes under this Chapter where the required qualification for appointment of teachers is given in clause 6 is as under:
“Qualifications for teachers in the Departments of the University and Affiliated Colleges shall be as per the UGC/NCTE and guidelines issued from time to time by the State Government/University.”
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order and the said order was served only on 08.06.2015. According to the respondents, though the impugned orders of this Court was received on 08.06.2015, interview was scheduled on 14 and 15 of May 2015, that means much before 23.05.2015 the interview was completed. As seen from the affidavit of the petitioner, the petitioner mentioned that interview was conducted on 14 and 15 May and that on 23.05.2015 final interview was conducted. However, the respondents are clear that the interview was not conducted on 23.05.2015 as it was a holiday and interview was conducted only on 14th and 15th of May. The selection of candidates were completed as on the date of filing of this writ petition. Further, even otherwise according to the respondents the impugned orders were served on them only on 08.06.2015 by which date the entire selection process was over thereby, this writ petition becomes infructuous.
that rejection of application of the petitioner for the post of Associate Profession on the ground that she does not have requisite qualification of education and that she does not have 8 years of experience is appropriate.
DR. D.NAGARJUN,J.
vca
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W.P.No.15037 of 2015
closed. No costs.
17.04.2024
vca Index : Yes/No Internet : Yes/No Citation : Yes/No
To:
The Registrar, Tamil Nadu Teachers Education University, Chennai - 600 005.
W.P.No.15037 of 2015 and W.M.P.Nos.1 and 2 of 2015
17.04.2024
Page No.14 of 14
2 issues framed by the court
Whether the petitioner, lacking a Ph.D. in Education and eight years' post-qualification experience, was eligible for the Associate Professor post under UGC/NCTE norms.
Whether the writ petition had become infructuous since the selection process concluded before it was filed.
1 provisions across 1 enactments
Dr.A.Devaki
Tamil Nadu Teachers Education University, Rep. by its Registrar
D.Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
