TAMIL UNIVERSITY Vs. V. KALPANA

JUDGEMENT

(1.) This is a batch of intra Court Writ Appeals filed by the Tamil University, Thanjavur challenging the Common Order, dtd. 5/2/2018 passed by the learned Single Judge in W.P.(MD) Nos. 21879 to 21881 of 2017, whereby the Recruitment Notification, dtd. 11/11/2017 issued relating to the post of Assistant Professor (Folklore) by the Tamil University was quashed.

(2.) The facts leading to filing of these Appeals, in brief, are as follows: The Writ Petitions in W.P.(MD) Nos.21879 to 21881 of 2017 were filed by the Candidates, who have applied to the post of Assistant Professor (Folklore) in pursuance of the Advertisement, dtd. 11/11/2017 made by the Appellant Tamil University, Thanjavur (Item No.6 of the Notification). The Writ Petitioners (Respondents herein), who are Master's Degree-holders of Folklore, have challenged the qualification prescribed for the appointment to the Post of Assistant Professor (Folklore). The University Grants Commission (UGC hereafter) had already issued a regulation prescribing minimum qualification for appointment of Teachers and other Academic Staff and other measures for the maintenance of Standards in Higher education in Universities and Colleges in the year 2010. This regulation has been relied by the Writ Petitioners and according to them, the required Educational qualification prescribed under the University Regulation for the Post of Assistant Professor (4.4.2.1) is "good academic record with at least 55% of marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level, in the relevant subject or an equivalent Degree from an Indian/Foreign University". Since the recruitment is taking place for the post of Assistant Professor (Folklore), only the person, who attained Master's Degree in Folklore are qualified to be appointed or to participate in the selection process to the said post.

(3.) The Tamil University, in its Notification, dtd. 11/11/2017 in item No.6, prescribed that a person, who is applying for the post of Assistant Professor (Folklore), shall have a Master's Degree in Folklore or a Master's Degree in Tamil. According to the Writ Petitioners, the Master's Degree obtained in Tamil is not a qualification for the post of Assistant Professor (Folklore), whereas in the said Notification, the qualification for the said post is mentioned as a Master's Degree with not less than 55% of mark in Folklore or in Tamil.