Therefore the students should be allowed to write examinations only after completing 10 months of the course. Therefore, the University is advised to formulate a system that the students are completing at least 10 months course and thereafter attempt to write the examinations. Further the University is advised to issue certificate clarifying the during of course while issuing the course completion certificate. With the above directions, this Writ Petition stands allowed. THE HONOURABLE MRS.JUSTICE S.SRIMATHY (MD)No.17633 of 2017and W.M.P.(MD).Nos.14185 to 14187 of 2017 M.Senbagam                              …  Petitioner -Vs- 1.The Teacher Recruitment Board, . For Petitioner           : Mr.V.Panneer Selvam For Respondents    : Mr.VR.Shanmuganathan (for R1)    Mr.V.OMprakash (for R2 & R3)    Government Advocate (Civil Side)    Mr.K.Ragatheeshkumar (for R4)    for M/S.Isaac Chamber   ORDER

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

       DATED:16.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

  1. (MD)No.17633 of 2017and

W.M.P.(MD).Nos.14185 to 14187 of 2017

M.Senbagam                              …  Petitioner

-Vs-

1.The Teacher Recruitment Board,

Rep. by its Chairman,

College Road,

Chennai-600 006.

2.The Director of School Education,

College Road,

Chennai-600 006.

3.The Chief Educational Officer,    Theni District.

4.The Registrar,    Periyar University,    Salem.

5.The Registrar,

Tamil Nadu Teachers Education University,

Chennai.                                                                    … Respondents

(R4 and R5 are impleaded  vide Court order dated 17.02.2022 in W.M.P.(MD).No.13667 of 2021 in

W.P.(MD).No.17633 of 2017)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order of non selection passed by the first respondent dated NIL published on 12.09.2017 in the website and quash the same, and direct the respondents to appoint the petitioner as P.G Assistant, Mathematics under M.B.C category for the recruitment year 2017 with all consequential benefits.

For Petitioner           : Mr.V.Panneer Selvam

For Respondents    : Mr.VR.Shanmuganathan (for R1)

Mr.V.OMprakash (for R2 & R3)

Government Advocate (Civil Side)

Mr.K.Ragatheeshkumar (for R4)    for M/S.Isaac Chamber   ORDER

The present Writ Petition has been filed to quash the order of non selection passed by the first respondent dated NIL published on 12.09.2017 in the website and to direct the respondents to appoint the petitioner as P.G Assistant, Mathematics under M.B.C category for the recruitment year 2017 with all consequential benefits.

2.The brief facts of the case are as follows:

The petitioner has passed 10th March 2007, 12th in March, 2009, B.Sc., Mathematics in the year 2012 in Bishop Ambrose College, Coimbatore, B.Ed., in the year 2013 in Rasi College of Education, Rasipuram and M.Sc., Mathematics in the year 2015 in Periyar University, Salem.  He was fully qualified for the post of P.G. Assistant Mathematics and he has also registered his name in the employment exchange. The first respondent has published notification to fill up the posts of P.G. Assistant on 09.05.2017 calling for application from all eligible candidates by fixing the last date for submission of application on 30.05.2017 and fixed the date for written examination on

02.07.2017.  The petitioner had applied and attend the written examination on

02.07.2017.  After examination, the first respondent had issued the result on 11.08.2017.  In the result, the petitioner has secured 77 marks in the written examination. The petitioner was granted one mark for employment seniority and totally the petitioner is having 78 marks. On the same day, i.e., 11.08.2017 the first respondent sent a communication to participate in the certificate verification on 28.08.2017 for the selected candidates. The petitioner participated in the certificate verification on 28.08.2017. After certificate verification, the first respondent published the result in the website.  However, the petitioner’s name was not selected for the reason that the petitioner is having parallel decree for P.G 2012-2014 and 2012-2013. The contention of the petitioner is that he had joined in B.Ed. degree on 22.08.2012 and completed on 19.05.2013. After completion of B.Ed. course, the petitioner joined in M.Sc., only on 02.08.2013 and completed on 05.05.2015. Therefore, there is no question of parallel degree at all. The cut of marks fixed for the post of P.G. Assistant Mathematics for M.B.C. Candidates 77 marks.  Since the petitioner has secured 78 marks, he is eligible and entitled to get appointed.  There is an error in the selection process and hence the petitioner has come up with this writ petition.

3.The learned counsel appearing for the first respondent filed counter stating that the duration of M.Sc., course is only for two years and the petitioner was admitted in the course only during August 2013 and completed the course in May 2015 only.  However, the convocation certificate is clearly stated that the petitioner completed the course in December 2014. Moreover, the first respondent submitted that the petitioner has joined M.Sc., course in the year 2013 and she has completed the course on 05.05.2015, but the decree certificate produced by the petitioner reflected that she completed the course in December 2014 itself. Therefore, the first respondent contended that the petitioner has suppressed the fact of having completed M.Sc., degree in December 2014 itself. As per order of this Court dated 18.09.2017, the candidate was permitted to participate in the counseling and also permitted to select a place for the post of P.G. Assistant Mathematics on 19.09.2017 at

Theni District. But, in the official letter to Teachers Recruitment Board by Chief Educational Officer, Theni, in R.C.No.2525/B4/2017, dated 21.09.2017, it is also stated that based on the educational certificates, it was found that candidate has obtained her M.Sc., and B.Ed., in the same year.

  1. Heard Mr.V.Panneer Selvam, the Learned Counsel appearing for the

petitioner, Mr.VR.Shanmuganathan the Learned Counsel appearing for the 1st respondent, Mr.V.Om Prakash, the Learned Government Advocate appearing for the 2nd and 3rd respondents and Mr.K.Ragatheeshkumar, for M/S.Isaac Chamber, the Learned Counsel appearing for the 4th respondent and perused the records.

  1. When the matter was listed on earlier occasion before this Court, this

Court impleaded the Registrar, Periyar University, and the Registrar, Tamil

Nadu Teachers Education University, Chennai as the respondents 4 and 5, vide order dated 17.09.2021 and notice was issued to the proposed respondents 4 and 5.

  1. Today, the learned counsel appearing for the fourth respondent,

Periyar University submitted that are two systems are followed in all the Universities, one is “Calendar Year” and another is “Academic Year”.  In the present case, the petitioner was appointed in the Calendar Year. The petitioner’s date of admission on 02.08.2013.  The university has obtained permission from the appropriate authority to enroll the students until 31.10.2013 for Calendar Year.  Therefore, based on the permission, the students were enrolled until October 2013. The petitioner herein was enrolled in the month of August, 2013.  Even though the Calendar year is extended until the month of October 2013, the examination would be conducted in the month of December 2013. However, due to administrative reason, the examination was conducted in January 2014 and the petitioner had completed the first year in January 2014.  Thereafter, the second year examination was conducted in the month of December 2014 and the date of publishing examination result was on 03.02.2014.  Therefore, the petitioner has completed two years course in the university.

  1. Considering the rival submissions and on perusal of the materials available on records, this Court is of the considered opinion that the university is offering Course based on Academic Year (from June to May) and Calendar Year (from January to December). The contention of the University is that at times the students strength in the Distance Education would be less and hence the university has obtained permission from the appropriate authority to enroll the students until 31.10.2013. Hence the petitioner was enrolled in the course in August 2013. The petitioner was enrolled since the petitioner had completed the B.Ed. on 19.05.2013. Thereafter the examination ought to be conducted in December 2013, but due to administrative the examinations could not be conducted. Then the examination was conducted in January 2014 and the petitioner was permitted to write the examination for the first year in January 2014. Thereafter the petitioner completed the second year examination in December 2014. The course completion certificate was issued on 05.05.2015. from the above narrated events this Court is of the considered opinion that the petitioner has completed the course on two different periods and there is no simultaneous degree. Therefore, the first respondent is directed to include the petitioner’s name in the selection list and issue the selected list to the second respondent. On receipt of the selected list, the second and third respondents shall issue an appointment to the petitioner. This direction can be carried out within a period of four weeks from the date of receipt of a copy of this order.
  2. Before parting with the judgment this Court is of the

considered opinion that the practice of calendar year and academic year is creating confusion among the candidates and the recruiting agencies. The practice of enrolling students until October and conducting the first year examination in December, which means the students have not even completed the entire course. The students within two months are completing the first year course. This practice ought to be deprecated since the students are not completing full course. Generally the students will be admitted in the month of June and examination would be conducted next year March or April, thereby the students would attend the course for atleast 10 months. Therefore the students should be allowed to write examinations only after completing 10 months of the course. Therefore, the University is advised to formulate a system that the students are completing at least 10 months course and thereafter attempt to write the examinations. Further the University is advised to issue certificate clarifying the during of course while issuing the course completion certificate.

  1. With the above directions, this Writ Petition stands allowed.

No costs.  Consequently, connected miscellaneous petitions are closed.

      16.09.2022 

Index : Yes / No Internet : Yes / No

vsg

To:

1.The Teacher Recruitment Board,

Rep. by its Chairman,

College Road,

Chennai-600 006.

2.The Director of School Education,

College Road,

Chennai-600 006.

3.The Chief Educational Officer,    Theni District.

 S.SRIMATHY   ,J.

vsg

W.P.(MD)No.17633 of 2017 and W.M.P.(MD).Nos.14185 to 14187 of 2017

Dated:

16.09.2022

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