M.THILAGAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The factual matrix required to be considered in this writ petition is, a notification issued by the 3rd respondent, Teachers Recruitment Board on 16.06.2017, inviting applications from eligible candidates up to 11.59 pm on 07.07.2017, for direct recruitment of Lecturers (Engineering / Non Engineering) in Government Polytechnic Colleges for the year 2017-18. The name of the post is notified as Lecturers (Engineering / Non Engineering) in Government Polytechnic Colleges and the scale of pay is Rs.15,600-39,900/- + AGP Rs.5,400/-. The notified posts are coming under the provisions of Tamilnadu Educational Service and the post code is 17PT. Number of vacancies notified are 1058. The date of notification is 16.06.2017, the commencement of submission of application through online mode is 17.06.2017. Last date for submission of application through online mode is 07.07.2017. The date of written examination is scheduled to be held on 13.08.2017. The notification prescribes both the vertical and horizontal reservations which include Women Reservation, Reservation for Persons Studied in Tamil Medium (PSTM), and thirdly, Reservation for Persons with Disability. Clause 4 of the notification stipulates qualifications which reads as under :

(2.) The writ petitioner has challenged this notification solely on the ground that the Educational Qualifications prescribed in the notification impugned in this writ petition are contrary to the Educational Qualifications issued by the All India Council for Technical Education (herein after called as "The AICTE"). To substantiate this, the learned Senior Counsel appearing for the petitioner contended that the notification is to be scraped on the ground that it violates the mandatory requirement for minimum standard of Educational Qualification prescribed by the AICTE. In order to compare the Educational Qualification, learned Senior Counsel made this Court to look into the Educational Qualification prescribed by the AICTE.

(3.) The AICTE issued the Pay Scales, Service conditions and qualifications for the Teachers and Other Academic Staff in Technical Institutions (Diploma) Regulations, 2010. The Regulations were issued under sub-section (1) of Section 23 read with Section 10(i) and (v) of the All India Council for Technical Education Act, 1987 (52 of 1987). Regulation 1 reads as follows: