REGENT COMPUTRONICS PVT. LTD.

Teachers Recruitment Board Appellant

V/S

K.Bommi Respondents

Referred Judgements :-

JUDGEMENT

(1.) Instant writ appeal is filed against the order, made in W.P.No.33964 of 2013, dated 14.03. 2018, by which the Writ Court directed the respondents to give appropriate marks to the petitioner for M.Phil. degree in Computer Science issued by the Alagappa University and also award marks for the Teaching experience as Assistant Professor in Rajah Serfoji Government College (Autonomous), Thanjavur from 1/7/2005 in respect of selection to the post of Assistant Professor and to appoint the petitioner as Assistant Professor Higher Education Department and the said exercise, to be done within a period of eight weeks.

(2.) Shorts facts leading to the appeal are that the writ petitioner/respondent obtained M.Phil. degree from Alagappa University in the subject, Computer Science, through Distance Education System in the year 2005 after completing her PG degree in M.Sc. Computer Science. In response to the Advertisement No.4 of 2013 dtd. 28/5/2013 of the first appellant, the writ petitioner/respondent applied for the post of Assistant Professor in Computer Science and she was called for certificate verification on 4/12/2013. It was alleged that during evaluation of the certificates, due weightage marks for her educational qualifications were not given.

(3.) According to the writ petitioner/respondent, she was not given correct marks, on the ground that M.Phil degree was obtained in correspondence mode, and not in regular stream, and that the petitioner was awarded only 7 marks, in the recruitment process, apart from the marks awarded in the interview. Due to the aforesaid act of the first appellant, her chances for selection to the post of Assistant Professor was affected. According to the petitioner, she is entitled to 15 marks for the experience in teaching and 6 marks for the educational qualification, totalling 21 marks. But the respondent has contended that she was awarded only 7 marks. Writ petitioner/respondent experience in teaching, being subsequent to acquiring M.Phil degree, has been totally ignored. The grievance of the writ petitioner/respondent is that prior to 2006, Universities have been offering the courses in M.Phil and Ph.D in correspondence stream and the said degrees were accepted for all purposes. Only after the instructions dtd. 29/8/2006 issued by the Government to the Universities, and based on the said instructions Universities have stopped the offer for the said degrees, through distance education stream, and thereafter, the said degrees are not awarded. In respect of the degrees issued prior to the said instructions, for all purposes, the degrees have to be accepted. The degrees issued prior to the instructions/letter dtd. 29/8/2006 are binding upon the States. Now, the first appellant being an instrumentality of the second appellant, cannot turn around to say that all the Ph.D. and M.Phil degrees obtained under the distance education stream prior to 2006, cannot be honoured. Pending writ petition, the writ petitioner/respondent sought for amendment of the prayer and the same has been allowed by this Court. As per the amended prayer, the writ petitioner/respondent has prayed to quash G.O.Ms.No.412, dtd. 7/12/2009 and G.O.Ms.No.32, dtd. 8/3/2013 and consequently sought for appointment in the post of Assistant Professor.

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TEACHERS RECRUITMENT BOARD Vs. K.BOMMI

Referred Judgements :-

JUDGEMENT

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