(1.) The petitioner is a Post Graduate in History and at present he had passed NET Test and is teaching in a Private College. The Government of Tamil Nadu (first respondent herein) issued G.O.Ms. No. 197 dated 05.07.2006 by which they are now going to recruit about 1,000 Lecturers in Government Arts and Science Colleges and Colleges of Education as per UGC Norms and also following the Rules of Reservation. The qualifications have been prescribed in the said notification and for the purpose of making a fair selection, it was stated in Paragraph No. 6(e) that weightage will be given to Ph.D/M.Phil/Experience/Publication in the reputed journal. The interview marks were kept very low so that no allegation of favoritism will be made in the matter and the marks awarded are in conformity with the decisions of the Supreme Court in this regard.
(2.) While implementing the said order, the Government took note of the Judgment of the Division Bench dated 20.03.2006 made in Writ Appeal No. 1340 of 2005 and batch of cases. Subsequently the matters were came to be challenged once again by several candidates and in which it was stated that UGC Regulation 2000 must be taken into account. There are other challenges also have been made in the said batch cases wherein weightage given to the candidates by categorizing them into teaching experience, weightage in employment-exchange, etc., had also came to be challenged. The Division Bench of this Court after hearing W.P. No. 37000 of 2006 and batch cases and after going through the Government Order referred to earlier, in Paragraph 35 and 36 of its common order dated 24.03.2007 had observed as follows:
(3.) As can be seen from the above passage, paragraph 6(e) of the G.O.Ms.197 dated 05.07.2006 prescribing various marks was set aside and the Government was directed to redo the exercise. While the Bench did not find anything wrong in giving weightage to various categories including 15 marks for experience, the Bench gave liberty to the Government to amend the paragraph 6 (e). In the light of the said judgment, the State Government has issued G.O.Ms.No.146 Higher Education dated 01.06.2007, wherein the following revised notification in respect of paragraph 6 (e) in the order quoted above which is as follows: 1 For teaching experience in Universities/ Government/aided 15 marks 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 minimum of 15 marks. 2 For Ph.D qualification 9 marks 3 For M. Phil with SLET/NET (or) persons who have completed M.Phil degree prior to 31st December 1993. 6 marks 4 PG Degree with SLET/NET 5 marks 5 Research Contribution / Books / Article published 5 marks 6 Interview marks 10 marks ----------------------------------------------------------------------------- Total 50 marks -----------------------------------------------------------------------------