Madras High Court division bench comprising Justice V Parthiban & Justice Kirubakaran observed the challenged notification issued by the ‘Teachers Recruitment Board in 2018 as Colorable legislation and held these guidelines arbitrary, irrational and illegal.
The Notification issued by the Teacher Recruitment Board was brought to challenge in the Madras High Court in the case of V Lekha v. The Chairman, UGC. In the petition, filed by various petitioners the major issue of adjudication was “non-essential qualifications” which were required to be fulfilled to apply for the post of Assistant Professor in pre-law subjects.
According to the petition filed the recruitment notifications which were issued by government Law College in Tamil Nadu in the year of 2017-2018 and in 2014 for the post of Pre-law course Assist. Professors are irrational. In the petition the petitioner argued that the additional qualification such as: Enrolled under Bar, Masters in law are irrelevant requirements as the subjects not legal in nature.
After hearing contentions raised by both the sides, the division bench observed that “the qualifications, viz., M.L degree & enrolment as advocate as mentioned under the impugned notification are unreasonable, arbitrary and thus suffers from vice of colorable legislation.”
The court further stated that “the major emphasis should be that whether the candidate who is being appointed to teach pre-law courses is intellectually equipped to handle classes in the subject of specialization and not their post grad. degree.”
In addition the court referred to the Legal Education Rule, 2019 where it is mentioned that specialized subjects such as Tech, Arts, commerce does implies that they shall be taught at “superficial level.”
Thus, the bench while invalidating the notification issued by Board clarified that any appointment already made during 2014 and 2018 on such bases will not be affected by the judgment.