The Court dismissed the Writ Petition seeking declaration for appointment of Guest Lecturers with M.Phil degrees as Assistant Professors. Relying on the Division Bench order in W.A. 612 of 2020 that only Ph.D holders are exempt from NET/SLET/SET requirements, the Court held the petitioners are not entitled to the exemption.
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.3424 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.3424 of 2021 and W.M.P.Nos.3916, 3918, 3922 & 3927 of 2021
1.S.Boopathi
2.S.Mohan 3.C.Subasri 4.K.P.Kavitha 5.S.Anitha 6.K.Devika 7.D.Muthulakshmi 8.G.Kasi 9.K.Manopriya 10.N.Ponmuthu 11.P.Senthilkumar 12.A.Balamurugan 13.V.Kathirvel 14.M.A.Poornima Priya Dharshini 15.R.Ananda Dhanalakshmi 16.R.Gopalakrsihnan ... Petitioners
Vs.
1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, Higher Educational Department, Fort St. George, Chennai 600 009.
2.Teachers Recruitment Board, Rep by its Chairman, EVK Sampath Maaligai, DPI Campus, Collge Road,
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W.P.No.3424 of 2021
Chennai 600 006.
3.The University Grants Commission, Rep by its Secretary, Bahadur Shah Zafar Marg, New Delhi 110 002. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare that the petitioners who are working as Guest Lecturers for more than 5 to 15 years and who have acquired M.Phil degree prior recruitment and appointment as Assistant Professors or any equivalent position in any Universities, Colleges and Institutions as per G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 and the University consequently direct the respondents 1 and 2 to appoint the petitioners as Assistant Professors or any equivalent position in any Universities, Colleges or Institutions.
For Petitioner : Mrs.C.Uma For Respondents : Mr.C.Jayaprakash, GA for R1 Mr.K.Sathishkumar for R2 Mrs.V.Sudha for R3
O R D E R
This Writ Petition has been filed for declaring the petitioners, who are
working as Guest Lecturers for more than 5 to 15 years and who have acquired M.Phil degree prior to recruitment and appointment as Assistant
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Professors or any equivalent position in any Universities, Colleges and Institutions as per G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 and the University consequently to direct the respondents 1 and 2 to appoint the petitioners as Assistant Professors or any equivalent position in any Universities, Colleges or Institutions.
2.Heard the learned counsel on either side and also perused the materials available on record.
3.The case of the petitioners herein is similar to that of the dispute which arose in the Writ Appeal in W.A.No.612 of 2020 ( G.Rajam and others Vs. the Principal Secretary to Government of Tamil Nadu) . In the said Writ Appeal, the Hon'ble Division Bench of this Court has passed the following order:
“ 21.By taking into account of the above position, only Ph.D degree holders are exempted from the requirement of minimum educational qualification for NET/SLET/SET for recruitment and appointment as Assistant Professors. The appellants herein are all admittedly possessing only M.Phil degree obtained prior to 11.07.2009 and are not entitled to seek any exemption. Therefore the approach of the learned
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Single Judge is not erroneous and we do not find any reason to interfere with the orders passed by the learned Single Judge. Therefore, the above Writ Appeal is liable to fail and is accordingly dismissed.”
4 . The subject matter in issue is also similar to that of the Writ Appeal filed in W.A.No.612 of 2020, in which the aforesaid order has been passed. Since the petitioners are also similarly placed as that of the petitioners in W.A.No.612 of 2020, their case would also have the similar line of appreciation involved in the above Writ Appeal. Hence, they are not entitled to seek any exemption.
Court in the Writ Appeal as stated supra, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
18.09.2024
vkr Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
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W.P.No.3424 of 2021
To
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W.P.No.3424 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.3424 of 2021 and W.M.P.Nos.3916, 3918, 3922 & 3927 of 2021
18.09.2024
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1 issue framed by the court
Whether guest lecturers with M.Phil degrees prior to 2009 can claim exemption for Assistant Professor appointments under G.O. 5 of 2021 considering the Division Bench in W.A. 612 of 2020 held only Ph.
Colour shows how this judgement treated each authority
G. Rajam and others Vs. the Principal Secretary to Government of Tamil NaduFollowed¶27
G.Rajam and others Vs. the Principal Secretary to Government of Tamil Nadu
2 provisions across 2 enactments
Guest Lecturers (S.Boopathi and others)
The State of Tamil Nadu
Teachers Recruitment Board
University Grants Commission
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
