E TAMILMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of all parties, the writ petition itself is taken up for final disposal.

(2.) PRAYER in the writ petition is to issue a writ of certiorarified mandamus to call for the records of the second respondent pertaining to the list of cancellation of provisionally selected candidates dated 7.12.2007 published on 11.12.2007 and the revised list of provisionally selected candidates published on 11.12.2007 and quash the same insofar as inclusion of the petitioners in the cancellation list are concerned and exclusion of their names in the revised list of provisionally selected candidates published on 11.12.2007 is concerned, and consequently direct the second and third respondents to select and appoint the petitioners to the post of Lecturers for Government Arts & Science Colleges and Colleges of Education in accordance with the list of candidates provisionally selected for appointment to the post of Lecturers for Government Arts & Science colleges and Colleges of Education dated 19.11.2007.

(3.) THE respondents 1 and 3 filed counter affidavit contending that as per G.O.Ms.No.111, 222 and 333 Higher Education, dated 24.3.1999, the minimum requirements for a Lecturer in the College of Education is that good academic record with 55% marks at the masters level, qualified in National Eligibility Test or accredited test. Relaxation of 5% may be provided from 55% to 50% of marks at the maters level for the SC/ST categories and a relaxation of 5% may be provided from 55% to 50% of marks to the Ph.D. degree holders, who have passed their masters degree prior to 19th September, 1991. THE said qualifications prescribed were amended by the Government letter dated 15.9.2006 based on the letter received from the Joint Secretary, University Grants Commission dated 14.6.2006 by stating that NET or SLET or a accredited test shall remain, the compulsory requirement for appointment as Lecturers for those with PG degree. However, the candidates having Ph.D degree in the concerned subject are exempted from NET or SLET or accredited test for PG level and UG level teaching. THE candidates having M.Phil degree in the concerned subject are exempted from NET or SLET or accredited test for UG level teaching only. It is further stated in the counter affidavit that UGC regulation do not stipulate any qualification to the post of Lecturers in the College of Education as it comes under the administrative control of National Council of Teacher Education (NCTE), which is an autonomous body, formed by the Central Government under NCTE Act, 1993.