IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:14.02.2011 CORAM: THE HON'BLE MR.JUSTICE VINOD K.SHARMA W.P.NO.13929 OF 2009 AND M.P.NO.1 OF 2009 R.Nanda Kumar ....Petitioner Vs. 1.The Government of Tamil Nadu rep. By its Secretary to Government, Higher Educational Department, Fort St.George, Chennai 600 009. 2.The Chairman, Teachers Recruitment Board, College Road, Chennai 600 006. 3.The Principal, R.V.Government Arts & Science College, Chengalpattu ....Respondents Petition filed under Article 226 of the Constitution of India praying toi issue a writ of mandamus directing the 2nd responden to award 6 marks to the petitioner towardss his educational qualification and consequently direct the 1st respondent to appoint the petitioner as a lecturer in the Computer Science Department. For Petitioner: Mr.V.Bharathidasan For Respondents:Mr.G.Sankaran Special Government Pleader --- O R D E R
The petitioner has approached this Court, to challenge the rejection of his candidature for the post of Lecturer in Computer Science.The petitioner is qualified Master of Computer Application from Madras Unviersity. The petitioner thereafter acquired the qualification of M.Phil decree in Computer application in Bharathidasan Unviersity, Trichy in the year 2002-2004.The petitioner also cleared the National Eligibility Test (NET) conducted by the Agricultural Scientist Recruitment Board (ICAR), New Delhi, in the subject of computer application in Agrticulture. The petitioner, on completion of his Master of Computer Application, was appointed as Lecturer in Computer Science Department in S.R.M.College of Arts and Science, Kattangulathur, Kancheepuram District, where he is working for the last 10 years.
2. In pursuance to the advertisement for the post of Lecturers in Computer application, the petitioner applied for the appointment to the post of Lecturerers in Government college of Arts and Science. As per the selection criteria adopted by the respondents, the total marks allotted for selection were fixed as 50 marks i.e. 15 marks for Teaching experience ( two marks for each year subject to be maximum of 15 marks), for candidates having Ph.D.qualification , maximum marks of 9 were to be awarded and for the candidates with M.Phil degree with State Level Eligibility Test(SLET)NET, and maximum of 6 marks were to be awarded for P.G. Degree with SLET/NET, 5 marks were allotted for Reserarch Contribution/Books/Article published and maximum of 10 marks were fixed for interview.
3.The qualification prescribed for the post prescribed in the Prospectus read as follows:
Qualifications:
a)All candidates other than SC/ST:Candidates with (1) Postgraduate degree in the subject with minimum 55% marks and (ii) a pass in UGC/CSIR/JRF/NET Lecturer-ship test or State Level Educational Testing(SLET)
(OR)
Candidates with (i)Postgraduate degree inthe subject with a minimum of 55% and(ii)M.Phil or PH.d degree or both, are eligible to apply.
b) For SC/ST candidates: Candidates with (i) Postgraduate degree in the subject with minimum 50% marks and (ii) a pass in the UGC/CSIR/JRF/NET Lecturer-ship test or State Level Educational Testing (SLET)
(OR)
Candidates with (i) Postgraduate degree in the subectwith a minimum of 50% marks and (ii) M.Phil or Ph.D.degree or both, are eligible to apply.”
4. The case of the petitioner is that though he was qualified having M.Phil degree with NET, he was awarded zero marks for qualification, as would clear from Result Sheet which reads as under:
Teachers Recruitment Board
CollegeRoad, Chennai 600 006.
Direct Recruitment Lecturers for
Government Arts and Science Colleges and Colleges of Education 2008-09
RESULTS OF CANDIDATES PROVISIONALLY SELECTED FOR APPOINTMENT
———————————————————————————–
……………………………………………………………………………………………….
1.Query your result(only for candidates who have attended interview)
(to query your result, enter your RollNo.eg:C01010000)
Roll No………………………Result
Roll No
Name
Subject
Community
Date of Birth
Marks Awarded
for
IF
BA
FQ
IM
Total
Provisionally
selected
Communal
Turn
Remarks
C20270028
Nandakumar
Computer Science
GT
18/5/1974
15
04
0
7
26
No
..
Not qualified in SLET in Agriculture
Abbreviations:
TE-Teaching Experience
BA-Book and Articles
EQ-eDUCATION Qualification
IM-Interview Marks
II.Subject Index of List of Candidates Provisionally Selected for Appointment (Click on the subject name to get the list
Sl.No
Sub Code
Subject
No.of Candidates Provisionally selected
24-06-09
1
CO1
TAMIL
92
2
CO2
ENGLISH
181
3
CO3
MATHEMATICS
101
4
CO4
PHYSICS
121
5
C22
MICROBIOLOGY
1
6
C35
TELEGU
4
7
C38
HINDI
3
26-06-09
8
CO6
BOTANY
68
9
CO7
ZOOLOGY
67
29-06-09
10
CO8
HISTORY
97
11
CO9
GEOGRAPHY
36
12
C10
ECONOMICS
84
30-06-09
13
C20
COMPUTER SCIENCE
35
A reading of the result sheet shows that the candidature of the petitioner was arbitrarly rejected, by awarding only zero mark for educational qualification.The reason for non grant of any marks for educational qualification was, that he had not qualified SLET, in agriculture.
5. A reading of the educational qualification given in the prospectus shows that the candidate who was graduate with the minimum 55% marks and qualified in NET, was eligible, as UGC/CSIR/JRF/NET was an alternative qualification to SLET.
6.The petitioner was also qualified, as he was having M.Phil degree, even in the absence of NET or SLET . The impugned order rejecting his candidature, cannot be sustainable in law, in view of the settled law, that qualification laid down in prospectus are binding, having force of law. 7. Consequently, the order rejecting the candidature of petitioner is set aside, and direction is issued to the respondents, to consider the case of the petitioner for appointment after granting requisite marks for the qualification of M.Phil degree with NET. The needful be done preferably within a period of one months, from the date of receipt of a certified copy of this order.
8.The writ petition is disposed of.No costs.Conseuently, M.P.No.1 of 2009 is closed.
VJY
To
1.The Secretary to Government,
Higher Educational Department,
Fort St.George,
Chennai 600 009.
2 . The Chairman,
Teachers Recruitment Board,
College Road,
Chennai 600 006.
3. The Principal,
R.V.Government Arts & Science College,
Chengalpattu