B.JAYALAKSHMI Vs. SECRETARY

JUDGEMENT

(1.) Writ Petition is filed for issuance of Writ of Mandamus directing the respondents to accept the qualification of the petitioner's in the light of the Equivalence Certificate issued by both Annamalai University in Ref. B1-6/2016 dated 22. 03. 2016 as to the post graduate qualification and the relevancy certificate as to the Ph. D. , issued by Manonmaniam Sundaranar University in Ref. No. MSU /RES /Ph. D /R5 / 5789 dated 03. 05. 2016 as to the Ph. D. , qualification and also in terms of the orders issued in G. O. (Ms)No. 27, Higher Education (K2) Department, dated 13. 02. 2014 and to issue orders of deemed declaration of probation of the service of the petitioner in the post of Assistant Professor in the light of Regulation 11. 2 of UGC Regulations on minimum qualifications for appointment of teachers and other academic staff in Universities and colleges and measures for the maintenance of standards in Higher Education 2010 (Regulation No. F. 3-1/2009 dated 30th June, 2010).

(2.) Heard the learned Senior Counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 & 3 and the learned counsel appearing for the respondents 2, 4 and 5.

(3.) The case of the petitioner is that she had passed M. Com. , degree in Rural Economics and Co-operation with First Class scoring 60. 06% of marks in May 1994 in Annamalai University. As a part of the curriculum of the said degree, she underwent institutional training in Salem District Central Co-operative Bank Ltd. , for a period of eight weeks. She also completed degree of M. Phil. , (Master of Philosophy) with First Class in December 2007 in the Bharathidasan University. Subsequently, she also got Ph. D. , degree in Doctor of Philosophy in Commerce in the year April 2014 from Manonmaniam Sundaranar University. While so, 4th respondent on 10. 01. 2016 issued an advertisement in "Times of India" daily inviting applications for the post of Assistant Professor for the 5th respondent college. Based on the said advertisement, the petitioner has applied for the post and was selected for appointment as Assistant Professor in the department of co-operation with effect from 01. 02. 2016. According to the said appointment order, she would be kept on probation for a period of two years and she was appointed in the post approved and sanctioned by the Director of Collegiate Education, Chennai-6 vide order dated 04. 01. 2016. Further, in the appointment order, it was stated that her appointment is made subject to approval of the University of Madras and Director of Collegiate Education.