N. Paul Vasanthakumar, J.
1. This writ appeal is filed against the order made in W.P.No. 30979/2007 dated 20.02.2012, wherein the appellant/petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to award 15 marks for teaching experience, 5 marks for publication of three books and 11 marks for being an exempted category from acquiring SLET/NET qualification and consider the appellant/petitioner for selection and appointment to the post of Lecturer in Chemistry.
2. The said writ petition was dismissed by the learned Single Judge of this Court based on the reason stated in the counter affidavit that the appellant/petitioner is not entitled to get marks for teaching experience, as the Experience Certificate produced by the appellant was from Polytechnic College. The appellant acquired totally 16 marks in the selection, namely under the heading Educational Qualification- 9 marks and under the heading Interview -7 marks. The appellant belongs to Backward Class (BC) community. The appellant was not selected as the cut off mark prescribed for Backward Class community was 31 marks.
3. Mr.V.Prakash, learned Senior Counsel appearing for the appellant would submit that the Government issued G.O.Ms.No. 62, Higher Education Department, dated 13.03.2002, changing the nomenclature of "Polytechnics" as "Polytechnic Colleges" and the appellant, having produced the Experience Certificate for 20 years and 6 months of service rendered, which was counter signed by the Director of Technical Education, Chennai-25, he is entitled to get marks for the said certificate. Similarly the appellant has also completed Ph.D. degree in September, 2003, and for the possession of Ph.D, degree the appellant has not been awarded any marks. The appellant also made three book publications, which were not assessed and if proper marks are awarded towards Experience Certificate, Ph.D decree and book publications, no doubt the appellant''s marks would be more than 31, which is the cut off mark prescribed for Backward Class community. The learned Senior Counsel appearing for the appellant would submit that last date for submission of filled-in-application was 13.10.2006, as per the advertisement No. 4/2006-2007 dated 18.09.2006.
4. The learned Special Government Pleader would submit that Polytechnic Colleges cannot be treated as Arts or Science College or Law or technical institutions to award marks for the experience gained, as the Polytechnic Colleges are issuing only Diploma Certificates and not Degree Certificates. The learned Special Government Pleader also relied on the Government Order in G.O.Ms.No. 146, Higher Education (F2) Department, dated 01.06.2007 to justify her contention that the experience gained in Arts or Science or Engineering or Law Colleges alone can be counted as per the Government Order and not in respect of experience gained by the candidates in Polytechnic Colleges. The learned Special Government Pleader has not produced the relevant Government Order which was prevailing on the date of issuance of the notification or on the date of submission of the application or even at the time of selection.
5. The point which arises for consideration is as to whether the appellant is entitled to get marks for possessing Experience Certificate in Polytechnic College and for possessing Ph.D. degree as well as for making publications
6. We have perused G.O.Ms.No. 62, Higher Education Department dated 13.03.2002, wherein the nomenclature of "Polytechnics" was changed as "Polytechnic Colleges" in terms of the recommendations of the All India Board of Technical Education, forwarded to the State Government by the All India Council for Technical Education. The Experience Certificate obtained by the appellant from the Polytechnic College is certified by the Director of Technical Education, Chennai-25 and further that a candidate by name K.Rajathi, who was a faculty (like the appellant) of Thanthai Periyar E.V.R. Government Polytechnic College, Vellore-2 was given marks for the experience gained in Polytechnic College and in the list of candidates attended for interview, which is found in page 17 of the typed set of papers, it is seen that Ms.K.Rajathi was awarded 7 marks for Teaching Experience, even though she was employed only as a Lecturer in Polytechnic College. Thus, it is very much evident that the appellant is also entitled to get marks for the Experience Certificate obtained from the Polytechnic College. Similarly, the appellant is entitled to get marks for possessing Ph.D. degree and also for publication of three books viz., (1) Chemistry for Diploma Engineering (2) Stoichiometry Engineering materials for Diploma in Chemistry and with Chemistry Engineering and (3) Polytechnic Chemistry in Tamil Medium and the said publications were also not assessed for awarding marks, even though there is a specific head assigned for awarding marks under the said category viz., "Publication of Books".
7. Considering the above, we are of the view that the order of the learned Single Judge is liable to be set aside and the matter is to be remitted to the third respondent to consider awarding of marks for Experience Certificate produced by the appellant obtained from the Polytechnic College, for possessing Ph.D decree and for publication of three books. It is made clear that the appellant is entitled to get marks for the Experience Certificate and the same shall not be denied on the ground that the Experience Certificate produced by the appellant was from the Polytechnic College. Similarly, award of marks for possessing Ph.D. degree and so also for publication of three books cannot be denied by the third respondent/Teachers Recruitment Board (TRB). The third respondent/TRB is directed to reassess the same and award appropriate marks as stated above and arrive at a decision, within a period of four weeks from the date of receipt of copy of this order and if the marks secured by the appellant on such assessment is above 31 marks, which is the cut-off mark prescribed for Backward Class community, selection order shall be issued to the appellant.
8. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
