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2014 DIGILAW 591 (MAD)

P. Selvam v. Teachers Recruitment Board

2014-03-05

S.NAGAMUTHU

body2014
Judgment : 1. The 1st respondent/Teachers Recruitment Board issued a Notification in the year 2012 to fill-up 80 posts of Assistant Professors in Tamil in Government Arts and Science Colleges in the State of Tamil Nadu. The petitioner is fully qualified for the said post. She had earlier enrolled herself on the roll of the Employment Exchange. Her name was duly sponsored by the Employment Exchange. The petitioner was, therefore, called for certificate verification. According to the prospectus, the post shall be filled-up on the basis of weightage marks awarded for (a) Teaching Experience (b) Higher Education qualification in the subject and (c) marks to be awarded in the interview. 2. All candidates other than the candidates belonging to Scheduled Caste and Schedule Tribe should have secured 55% of marks in the relevant subject in the post graduate level and should have passed UGC/CSIR/JRF/NET/SLET/SLST as per UGC norms. 3. In the Government Order in G.O.(Ms)412, Higher Education (F2) Department, dated 07.12.2009 , in aragraph 3, the method of calculation of marks for Teaching Experience is dealt with as follows:- 1 For Teaching experience in Universities / Government / aided colleges / self financing colleges in the approved post including the teaching experience (in the relevant subject) of the candidates in Medical/Engineering/Law Colleges. (2 marks for each year subject to a maximum of 15 marks) (2 marks for each year subject to a maximum of 15 marks 15 marks 2 Qualification a)For Ph.D in concerned subject - 9 b)For M.Phil with SLET/NET (Or) M.Phil prior to- 6 31.12.1993 c)For PG & SLET/NET - 5 9 marks (Maximum) 3 Interview 10 marks Total 34 marks 4. According to the petitioner, she has the following Teaching Experience:- 1 A.V.S.College of Education, Salem 636 106 1 Year 9 months 17 days 2 Sakthi Kailaash College of Education for Women, Salem 636 003 2 years 3 months – days 3 P.S.M. College of Education, Rakkipatty, Salem - Years 8 months – days 4 Vysya College of Education, Ayodhivapattinam, Salem 3 Years - months - days 5. Thus, according to the petitioner, she has got a previous experience of 7 years, 8 months and 17 days , for which, she is eligible for full 15 marks. If 15 marks were added, quite naturally, she would have been selected and appointed. Thus, according to the petitioner, she has got a previous experience of 7 years, 8 months and 17 days , for which, she is eligible for full 15 marks. If 15 marks were added, quite naturally, she would have been selected and appointed. But, she was notawarded any mark for Teaching Experience and thus she has not been selected is the precise grievance of the petitioner. 6. In the counter affidavit filed by the Member Secretary, Teachers Recruitment Board, it is stated in paragraph 6 is as follows:- "6. It is submitted that the writ petitioner Dr.P.Selvam was one among the candidates applied for the post of Assistant Professor in Tamil. She was called for certificate verification. At the time of certificate verification, she was awarded 9 marks for the Ph.D., qualification for which she is entitled. She also produced teaching experience for the total 7 years 8 months and 17 days which she referred the services in various colleges of Education. For awarding of weightage marks for teaching experience, the services rendered in Universities / Government Aided Colleges/ Self Financing Colleges including Medical / Engineering and Law Colleges alone will be considered as per Government Orders in force. This was also specifically mentioned in the notification and in the prospectus for the information of the candidates. The services rendered in Colleges of Education could not be considered for awarding marks for teaching experience. There is no provision in the rules to award weightage marks for the Teaching Experience rendered in Colleges of Education. Hence the certificate verification Board has not awarded weightage marks for the same. The decision of certificate verification Board in not awarding marks for the writ petitioner towards the Teaching Experience is in order." 7. Referring to paragraph 6 of the counter and G.O.Ms.No.412 , the learned counsel for the petitioner would submit that the stand taken by the Board in paragraph 6 of the counter, is wholly unjustifiable and the same is against G.O.Ms.No.412. The learned counsel would contend that Teaching Experience in College Education is also to be taken into account because G.O.Ms.NO.412 speaks of Teaching Experience in Universities / Government / Aided Colleges / Self Financing Colleges in approved post including the Teaching Experience [in the relevant subject] of the candidates in Medical / Engineering and Law Colleges. 8. The learned counsel would contend that Teaching Experience in College Education is also to be taken into account because G.O.Ms.NO.412 speaks of Teaching Experience in Universities / Government / Aided Colleges / Self Financing Colleges in approved post including the Teaching Experience [in the relevant subject] of the candidates in Medical / Engineering and Law Colleges. 8. The learned counsel would also point out that G.O.Ms.412 does not exclude the Teaching Experience gained in the Colleges of Education. It is his further contention that a college of education is also a college as referred to in the above said Government Order. In such view of the matter, according to the learned counsel for the petitioner, the petitioner should have been awarded 15 marks for Teaching Experience. 9. But, referring to para 6 of the counter, the learned Special Government Pleader would submit that the petitioner is not at all entitled for 15 marks for Teaching Experience. According to him, Teaching Experience as referred to in G.O.Ms.412 is more specific to say that Teaching Experience should have been gained only in Universities / Government / Aided Colleges / Self Financing Colleges including Medical/Engineering and Law Colleges which would mean only the colleges other than the colleges of education. The learned Special Government Pleader would also refer to the proceedings of the Chairman, Teachers Recruitment Board in Rc.No.3673/A6/2009 dated 24.08.2011. That was a case where a similarly placed person filed a writ petition in W.P.No.14086 of 2009 before this court wherein this court had directed the Teachers Recruitment Board to consider the representation of the petitioner therein by name Sri.K.Kumaran. Having considered the same, the Teachers Recruitment Board took the view that the experience gained by Teaching in the subject in a college of education will not be taken into account as per G.O.Ms.412 referred to above. Referring to this letter, the learned Special Government Pleader would submit that this is the stand taken by the Board for ever. Therefore, according to him, in the case on hand also, the Board did not award marks for the Teaching Experience gained by the petitioner. Thus, according to the learned Special Government Pleader , this writ petition deserves to be dismissed. 10. I have considered the above submissions. 11. Therefore, according to him, in the case on hand also, the Board did not award marks for the Teaching Experience gained by the petitioner. Thus, according to the learned Special Government Pleader , this writ petition deserves to be dismissed. 10. I have considered the above submissions. 11. As I have already extracted, G.O.Ms.412 speaks of Teaching Experience in Universities / Government / Aided Colleges / Self Financing Colleges in the approved post including the Teaching Experience in Medical, Engineering and Law Colleges. A plain reading of the said Government Order would go to show that it does not exclude the Teaching Experience gained in the Colleges of Education. The term "Government / Aided Colleges / Self Financing Colleges" referred to in G.O.Ms.412 will certainly include the Colleges of Education also. In the said colleges also education is imparted for awarding of degrees like B.Ed., or M.Ed., When the Teaching Experience gained in all Arts Colleges is compared to with the Teaching Experience gained in a College of Education, certainly, one can say that the experience gained in a College of Education is superior because qualification for admission to the course offered by such College of Education is minimum of an Under Graduate degree. When teaching experience is gained by teaching the students doing Under Graduate courses in colleges can be taken into account for awarding marks, I do not find any rationale as to why such marks should not be awarded for those candidates who have gained experience by teaching the students in Colleges of Education. There is no rationale behind the classification which is sought to be made. In my considered opinion, denying marks for Teaching Experience for the candidates who have gained experience by teaching the students in Colleges of Education will amount to discrimination thereby offending Article 14 of the Constitution of India. Therefore, I am inclined to issue a direction as prayed for in this writ petition. 12. In the result, the writ petition is allowed; the respondents are directed to award 15 marks to the petitioner for the Teaching Experience gained by teaching in college of education and permit her to participate in the interview and then to issue appoint order, if she comes within the zone of selection. No costs. Consequently, connected MP is closed.