LAWS(MAD)-2018-10-407

M CHANDRA MOHAN Vs. SUNIL PALIWAL

Decided On October 05, 2018
M Chandra Mohan Appellant
V/S
Sunil Paliwal Respondents

JUDGEMENT

(1.) The Contempt Petition has been filed by the Petitioner complaining non-compliance of the Order dated 03.11.2016 passed in WP No. 33565 of 2014. The respondents in the above Contempt Petition have filed the Review Application seeking to review the Order dated 03.11.2016 passed in WP No. 33565 of 2014. Thus, the issue arise for consideration in the Contempt Petition as well as the Review Application are one and the same and therefore, they are taken up for hearing together and are disposed of by this common order.

(2.) The Petitioner in Contempt Petition No. 1245 of 2017 has filed WP No. 33565 of 2014 praying to issue a Writ of Declaration declaring that his non-selection to the post of Assistant Professor of Physics in the Government Arts and Science College in Tamil Nadu College Education Service by direct recruitment in pursuance of the notification No. 4 of 2013 dated 28.05.2013 as null and void and to direct the respondents therein to award 15 marks for his teaching experience, select and to appoint him to the post of Assistant Professor of Physics.

(3.) According to the petitioner in the Contempt Petition, he passed B.Sc., (Physics) during the year 1986, pursued M.Sc., Physics and completed it in the year 1989 and also M.Phil., during January 1998 from Bharathiyar University. He also did his Philosophy under the Faculty of Science and Humanity from Anna University and obtained Doctoral Degree in 2012. He served in various institutions and acquired teaching experience. While so, the third respondent invited applications from eligible candidates for selection and appointment, by direct recruitment, to the post of Assistant Professor in Government Arts and Science Colleges in Tamil Nadu College Education Service and he applied for the said post as a candidate under the Backward Class Community. As per the prospectus, for teaching experience - 11 marks were prescribed, 9 marks were earmarked for educational qualification and another 8 marks for performance in the interview. According to the petitioner, he possess 21 years of teaching experience in Physics Subject and he is entitled for 15 marks towards teaching experience. Even though the petitioner was given the full marks for having possessed teaching experience, the grievance of the petitioner is that he is entitled for 15 marks befitting his teaching experience, but it was not considered by the respondents.