R.THEERTHAMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ petition has been filed, directing the 1st respondent to issue a Government Order similar to G.O.Ms.No.56, Higher Education (F2) Department, dtd. 21/3/2020 for regularization of the petitioners working in the Government Arts and Science Colleges converted from Constituent Colleges by G.O.Ms.No.183, Higher Education (G1) Department, dtd. 15/9/2022 affiliated to Periyar University and Thiruvallur University as Assistant 2 nd Professors without written examination and consequently, direct the Respondent to regularize the Petitioners as Assistant Professors in the Government Arts and Science Colleges in the time scale of pay based on Weightage of marks for teaching experience and qualifications as prescribed in G.O.Ms.No.412, Higher Education (F2) Department, dtd. 7/12/2009 read with G.O.Ms.No.32, Higher Education (F2) Department, dtd. 8/3/2013, Certificate verification and interview WITHOUT requiring the Petitioners to undergo any written examination.

(2.) The case of the petitioners is that the there were 41 Constituent Colleges functioning under various Universities in the State of Tamil Nadu. These Constituent Colleges were established and maintained by the respective Universities. In the first phase, the Government of Tamil Nadu converted 14 Constituent Colleges into Government Arts and Science Colleges between the years 1995-96 to 2010-2011. This conversion was formalized by G.O.Ms.No.36, Higher Education (G1) Department, dtd. 28/2/2019. The Government issued G.O.Ms.No.56, Higher Education (F2) Department, dtd. 21/3/2020, ordering the regularization of 1146 Guest Lecturers working in the 14 Constituent Colleges who possessed the minimum requisite qualifications for the post of Assistant Professors as per University Grants Commission norms and were directed to be appointed as Associate Professors after certificate verification and interview following rule of reservation without written examination. The said G.O.Ms.No.56 dtd. 21/3/2020 laid down specific conditions for regularization. However, before the interviews could be conducted for regularisation of the 1146 Guest Lecturers as Assistant Professors, the said G.O.Ms.No.56 dtd. 21/3/2020 was superseded by G.O.MS No.247 and G.O.Ms.No.248, Higher Education (F2) Department, dtd. 8/11/2022, directing that Guest Lecturers should take part in an open competitive written examination for getting regularised as Associate Professors.

(3.) The learned Senior Counsel appearing for the petitioners submits that this Court may issue a direction to the 1st and 2nd respondents to consider the petitioners' representation and pass appropriate orders, on par with the 1146 Guest Lecturers who have already been regularised as per G.O.Ms. No.56, Higher Education Department, dtd. 21/3/2020, within a reasonable time to be fixed by this Court.