R RAJKUMAR Vs. TAMILNADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Writ petition has been filed to call for the records relating to the impugned Notification/Advertisement issued by the first respondent in Advertisement No.210 dated 29.07.2009 and quash the same as illegal in so far as it relates to clause-4(B)(iv) of the said notification prescribing the educational qualification for UG Level Teaching and consequentially to direct the respondents to call the petitioner for interview and consider for appointment to the post of Director of Physical Education.

(2.) The brief facts of the case is that the petitioner herein is a Post Graduate and has also completed M.Phil in the year 2007. Further he has teaching experience for more than 10 years. The first respondent has issued a impugned notification calling for the applications for eligible qualified persons for direct recruitment to the post of Director of Physical Education under Tamilnadu Collegiate Educational Services for the year 2007-2009 and a total number of 43 vacancies were sought to be filled up in the said post. The petitioner also applied for the same since he possess the necessary qualifications and eligible to be considered for the post of Director of Physical Education, and participated in the written examination which was held on 25.10.2009. Though he was successful in the written examination, the second respondent did not issue a call letter to the petitioner for Physical fitness test. However, the petitioner alleges that he found his name in the list of candidates eligible for Physical fitness test from the respondents' official website and he also appeared for the same on 24.04.2010, and was found physically fit. While he was waiting eagerly for the call letter he did not receive any information and when he enquired the same, the petitioner alleges to have found that persons with lesser qualification who are not eligible as per the norms prescribed under UGC (Minimum Qualification Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulation, 2009 were being called for the interview.

(3.) The petitioner would submit that the impugned Notification/Advertisement with regard to Clause B(iv) does not meet out the educational qualification prescribed by the UGC and contravenes the guidelines of the UGC. Thus, the petitioner seeks to quash the same.