Eligibility terms for pre-law assistant professors struck down

Eligibility terms for pre-law assistant professors struck down

The court said these qualifications suffer from ‘patent irrationality’, ‘unreasonableness’ and ‘arbitrariness.’

Published: 21st August 2021 05:18 AM 

By Express News Service

CHENNAI: The Madras High Court has struck down the eligibility condition that candidates seeking appointment to the post of Assistant Professors (pre-law courses) in government law colleges in Tamil Nadu should have a Master of Laws (ML) degree and enrolment as advocate in addition to having a postgraduate degree in the relevant subject. The court said these qualifications suffer from ‘patent irrationality’, ‘unreasonableness’ and ‘arbitrariness.’

A Bench of Justice N Kirubakaran and Justice V Parthiban on Thursday passed the orders on a set of writ petitions challenging the qualifications prescribed for the post of Assistant Professors in government law colleges.

The Bench thus declared G.O. Ms No 1349 and G.O. Ms No 264 dated 19.11. 1985, and 20.12.2005, as illegal and unconstitutional as the same are repugnant to the minimum standards laid down by the Bar Council of India (BCI) in the Legal Education Rules, 2008, in terms of section 7 (1) (h) (i) read with section 49 (af) and (d) of the Advocates Act, 1961.

It also stated that candidates who obtained master’s degrees via distance education or by correspondence are ineligible for appointment as Assistant Professors (Pre-Law); so are candidates with cross major degrees.

Nonetheless, appointments already made for year 2014 and 2017-18 shall not be affected by this ruling, the Bench said, directing the State government authorities to ‘revisit’ the entire eligibility criteria.

‘Appointments will not be revoked’

Nonetheless, appointments already made for year 2014 and 2017-18 shall not be affected by this ruling, the Bench said. The bench also directed the State government authorities to ‘revisit’ the entire eligibility criteria for the positions