Allowed

A.Brilliancy v. The Principal Secretary to Government

Madras HC24 Apr 2024WP(MD)/10015/2024

Case brief

AI extract

What is this about?

A Guest Lecturer challenged G.O.Ms.Nos.247 and 248 which stalled her regularisation as Assistant Professor. Following an earlier batch judgment quashing G.O.Ms.No.248, this Court allowed the writ petition, directed continuation of the selection for the 1146 earmarked posts within twelve weeks, and later substituted paragraph 11 to extend identical relief.

What did the court decide?

G.O.Ms.No.248 (08.11.2022) quashed re: 1146 absorption vacancies; respondents to complete selection per G.O.Ms.No.56 within twelve weeks; no costs; connected MP closed.

A.Brilliancy Vs The Principal Secretary to Government — Education and Admissions | Madras HC (2024)

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W.P.(MD)No.10015 of 2024

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W.P.(MD) No.10015 of 2024

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R.N.MANJULA, J.

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This writ petition is listed under the caption, 'being mentioned' at the instance of the learned counsel for the petitioner.

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2 . In the order dated 24.04.2024, instead of paragraph No. 11, the following paragraph is to be substituted:

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“Since the position of validity in respect of G.O.Ms.No. 248 dated 08.11.2022 has been settled and the said Government order is quashed, the directions given in the above writ petitions, is applicable to the case of the petitioner as well. In the light of the above order, this writ petition is also disposed by holding that the petitioner is also entitled to the benefit of the earlier order, if she also find herself in the list of 1146 posts. No costs. Consequently connected Miscellaneous Petition is closed.”

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3 . The Registry is directed to make necessary corrections in the order and issue fresh copy of the order.

16.07.2024

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W.P.(MD)No.10015 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.04.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.(MD)No.10015 of 2024 and W.M.P.(MD).No.9052 of 2024

Dr.A.Brilliancy

... Petitioner

vs.

1.The Principal Secretary to Government, Higher Education Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

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2.The Director, The Director of Collegiate Education, EVK Sampath Maaligai, DPI Campus, Nungampakkam, Chennai-600 006.

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... Respondents

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders in G.O.Ms.No.247 and G.O.Ms.No.248 on the file of the respondent No.1 and quash the same as

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10015 of 2024

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illegal and consequently to direct the respondents to regularise the petitioners/Guest Lecturers working in Government Arts & Science Colleges as initiated vide G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020 within the time stipulated by this Court.

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For Petitioner : Mr.S.Louis For Respondents : Mr.T.Amjadkhan Government Advocate

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O R D E R

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The petitioner has filed this writ petition challenging the impugned orders passed by the first respondent in G.O.(Ms.)No.247 and G.O.(Ms.)No.248 and to quash the same and consequently direct the respondents to regularise the petitioner/Guest Lecturer working in

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Government Arts & Science College as initiated vide G.O.(Ms.)No.56, Higher Education (F2) Department, dated 21.03.2020.

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2. Heard Mr.S.Louis, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.

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W.P.(MD)No.10015 of 2024

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3 . By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

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4 . The petitioner is serving as a Guest Lecturer (English) in Government Arts College (Autonomous) for Men, Kumbakonam from the year 2005 onwards. She has passed the State Eligibility Test in the year 2012 itself. While so, for regular absorption, the Government passed G.O. (Ms.)No.56, Higher Education (F2) Department dated 21.03.2020, thereby ordered to regularise the services rendered by the Guest Lecturers in Government Arts and Science Colleges and Colleges of Education by appointing them as Assistant Professors in Government Arts and Science Colleges and Colleges of Education in Tamil Nadu in Collegiate Education service subject to certain conditions.

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5 . In the year 2010, the first respondent assured to the

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associations of the Guest Lecturers that the Guest Lecturers, who possess the requisite UGC qualification would be absorbed in pursuance to the

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W.P.(MD)No.10015 of 2024

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special examination conducted on 22.03.2010. It was also assured in G.O. (Ms.)No.56, Higher Education (F2) Department, dated 21.03.2020 that the selection process would be strictly in accordance with the previous selection process as contained in G.O.(Ms).No.412, Higher Education (F2) Department, dated 04.12.2009 and G.O.(Ms.)No.32, Higher Education (F2) Department, dated 08.03.2012 and Government Letter No. 20575A/F2/2011, dated 27.06.2012, by allotting marks as stipulated therein.

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6 . In pursuance to the G.O.(Ms.)No.56, Higher Education (F2) Department, dated 21.03.2020, the petitioner attended the certificate verification in the month of February 2021. She was one among the candidates ready to attend the interview for absorption/appointment as the Assistant Professor in 1146 earmarked vacancies and till date there is no progress in that regard, instead, the instant impugned orders were issued, challenging which, the present writ petition is filed.

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W.P.(MD)No.10015 of 2024

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7 . The learned counsel appearing for the petitioner submitted

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that the case is squarely covered by judgment, dated 02.04.2024 passed in W.P.Nos.1971 of 2023 etc., batch ( B.Senthilkumar and others Vs. The State of Tamil Nadu, rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai and another ). Since the petitioner is also similarly placed like that of the petitioners therein, the learned counsel for the petitioner prays for appropriate directions.

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8. This Court has considered the rival submissions made on either side and perused the materials available on record.

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9 . As rightly contended by the learned counsel for the petitioner, the issue in the present case is no longer res integra in view of the judgment passed by this Court in batch of Writ petitions in W.P.No. 1971 of 2023, etc. batch, dated 02.04.2024, wherein, when similarly placed persons like that of the petitioner has challenged G.O.(Ms.)Nos.

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W.P.(MD)No.10015 of 2024

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247 and 248, this Court has allowed those writ petitions thereby quashing the above said Government Orders and directed the respondents to proceed with the selection process to fill up 1146 posts of Assistant Professors in accordance with G.O.(Ms.)No.56 Higher Education (F2) Department dated 21.03.2020, based on the selection process already initiated and processed by the proceedings of the second respondent, dated 12.02.2021 and complete the same.

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10 . For ready reference, the relevant paragraphs in W.P.Nos.

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1971 of 2023 etc., batch, dated 02.04.2024 are extracted hereunder :

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“8. Therefore, the impugned order in GO.Ms.No.248 dated 08.11.2022 granting permission for recruitment of 4000 posts of Assistant Professor including 1146 posts earmarked for regular absorption of Guest Lecturers after undergoing certificate verification as per the order in GO.Ms.No.56 dated 21.03.2020, is arbitrary, illegal and against the law for the reason that in order to fill up the posts by direct recruitment following the new method of selection as envisaged in GO.Ms.No.246 dated 08.11.2022, 1146 vacancies earmarked for absorption of eligible Guest Lecturers cannot be added in the impugned order in GO.Ms.No.248, 08.11.2022.

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9. In view of the above, the impugned order in GO.Ms.No.248 Higher Education (F2) Department dated 08.11.2022 is quashed insofar as

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ordered to notify 1146 vacancies which were earmarked for regular absorption of eligible Guest Lecturers as per G.O.Ms.No.56 Higher Education (F2) Department dated 21.03.2020. The respondents are directed to continue the selection process to fill up 1146 posts of Assistant Professors in accordance with the earlier order passed in G.O.Ms.No.56 Higher Education (F2) Department dated 21.03.2020 based on the selection process already initiated and processed by the proceedings of the second respondent dated 12.02.2021 and complete the same within a period of twelve weeks from the date of receipt of copy of this order.

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10. In the result, all the writ petitions stand allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.”

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11 . Following the same, this Writ Petition is allowed and the impugned order in G.O.(Ms.)No.248 Higher Education (F2) Department, dated 08.11.2022, is quashed insofar as ordered to notify 1146 vacancies, which were earmarked for regular absorption of eligible Guest Lecturers as per G.O.(Ms.)No.56 Higher Education (F2) Department, dated 21.03.2020. The respondents are directed to continue the selection process to fill up 1146 posts of Assistant Professors in accordance with the earlier order passed in G.O.(Ms.)No.56 Higher Education (F2) Department, dated 21.03.2020, based on the selection process already initiated and processed by the proceedings of the second respondent dated

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12.02.2021 and complete the same within a period of twelve weeks from the date of receipt of copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

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24.04.2024

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NCC: Yes/No Index : Yes/No Internet:Yes/No akv To

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1.The Principal Secretary to Government, Higher Education Department, Government of Tamil Nadu, Secretariat, Chennai-600 009. 2.The Director, The Director of Collegiate Education, EVK Sampath Maaligai, DPI Campus, Nungampakkam, Chennai-600 006.

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W.P.(MD)No.10015 of 2024

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R.N.MANJULA, J.

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akv

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