© GOVERNMENT OF TAMIL NADU 2022
[Regd. No. TN/CCN/467/2012-14
[R. Dis. No. 197/2009.
[Price: Rs. 4.80 Paise.
| TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY | ||
No. 18] CHENNAI, WEDNESDAY, MAY 4, 2022 Chithirai 21, Subakiruthu, Thiruvalluvar Aandu–2053
Part III—Section 1(b)
Service Rules including Ad hoc Rules, Regulations, etc.,
issued by Secretariat Departments.
NOTIFICATIONS BY GOVERNMENT
CONTENTS
LAW DEPARTMENT Pages.
Amendments to the Adhoc Rules governing the post of Assistant Professor (Pre-Law) in
Tamil Nadu Legal Educational Service .. .. .. .. .. .. 40-41 Re-Issue of the Special Rules for the Tamil Nadu Legal Educational Service. .. .. 41-49
[39]
DTP—III-1(b)-(18)40 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(b)
NOTIFICATIONS BY GOVERNMENT
LAW DEPARTMENT
Amendments to the Adhoc Rules governing the post of Assistant Professor (Pre-Law) in
Tamil Nadu Legal Educational Service.
[G.O.Ms. No.232, Law (LS) 11th April 2022, Panguni 28, Pilava, Thiruvalluvar Aandu- 2053.]
No. SRO B-25/2022.—In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendments to the Rules published with the Education Department Notification No.S.R.O.B.-498/85, dated the 19th November 1985, at pages 612-613 of Part III - Section 1(b) of the Tamil Nadu Government Gazette, dated the 11th December 1985, as amended subsequently.
2. The amendments hereby made shall come into force on and from the date of publication in the Tamil Nadu Government Gazette.
Amendments.
In the said Adhoc Rules, -
(1) in rule 4, for sub-rule (b), the following sub-rule shall be substituted, namely :-
"(b). Educational Qualifications.- (i) M.A. Degree in any of the Universities in the State of Tamil Nadu or a degree of equivalent standard in the subject as may be specified by the Government from time to time with not less than fifty five percentage of marks in the respective subject and a good academic record:
Provided that the candidates belonging to Scheduled Castes and Scheduled Tribes shall possess not less than fifty percentage of marks:
Provided further that the holders of Ph.D Degree, who have passed their Master's Degree in the respective subject prior to the 19th September 1991, shall possess not less than fifty percentage of marks:
Provided also that the candidates who have obtained their Undergraduate Degree or Master's Degree through Distance Education Mode or through Correspondence Course shall not be eligible for appointment:
Provided also further that the candidates with cross major degrees viz., Undergraduate Degree in different subject than the subject of study at the Postgraduate level shall not be eligible for appointment.
(ii) Must have qualified in the National Eligibility Test (NET) or State Level Eligibility Test (SLET / SET) or an accredited Test in the subject concerned:
Provided that the candidates, who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum standards and Procedure for Award of M.Phil / Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time shall be exempted from the requirement of the minimum eligibility condition of NET / SLET / SET or an accredited Test:
Provided that the candidates registered for the Ph.D. Degree programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET / SLET / SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions subject to fulfillment of the following conditions:-
(a) The Ph.D. Degree of the candidate has been awarded in the regular mode;
(b) The Ph.D. thesis has been evaluated by at least two external examiners;
(c) Open Ph.D. viva voce of the candidate has been conducted;
(d) The candidate has published two research papers from his Ph.D. work out of which at least one is in a refereed journal;
(e) The candidate has presented not less than two papers based on his Ph.D work in conferences / seminars sponsored / funded / supported by the UGC / ICSSR / CSIR or any similar agency.
(2) in rule 5, for the expression "(General rule 22)", the expression "(Section 27 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016)" shall be substituted.
May 4, 2022] TAMIL NADU GOVERNMENT GAZETTE 41(3) for rule (7), the following rule shall be substituted, namely :-
"Pay.- There shall be paid to the holder of the post a monthly pay calculated in the UGC Scale at Academic Level 10 with rationalized entry pay of Rs. 57,700/- and in the corresponding scale revised from time to time."
(4) After rule (7), the following Clause shall be inserted, namely:-
"Savings.- Nothing contained in these rules shall adversely affect the persons already holding the post of Assistant Professor (Pre-Law) on the date of issue of these rules.".
Re-Issue of the Special Rules for the Tamil Nadu Legal Educational Service.
[G.O.Ms. No.233, Law (LS) 11th April 2022. Panguni 28, Pilava, Thiruvalluvar Aandu- 2053.]
No. SRO B-26/2022.—In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the Special Rules for the Tamil Nadu Legal Educational Service, the Governor of Tamil Nadu hereby re-issues the following Special Rules for the Tamil Nadu Legal Educational Service as Section 33 in Volume - II of Tamil Nadu Services Manual, 2016:-
2. The rules hereby made shall come into force on and from the date of publication of these rules in the Tamil Nadu Government Gazette.
SECTION 33 - THE TAMIL NADU LEGAL EDUCATIONAL SERVICE
1.Constitution.-The service shall consist of the following classes and categories of officers, namely:-
| Class | Category | Post |
| (1) | (2) | (3) |
| I | Director of Legal Studies. | |
| II | Principal | |
| III | 1. | Associate Professor |
| 2. | Assistant Professor | |
| 3. | Part-Time Lecturer. | |
| IV | Librarian. |
2. Appointment to the service.- (a) Appointment to the several classes and categories of the service shall be made as follows:-
| Class and category | Method of appointment | |
| (1) | (2) | |
| Class I Director of Legal Studies | (i) | Promotion from the category of Principals of Law Colleges in the State; or |
| (ii) | Recruitment by transfer.– (a) from the Tamil Nadu State Higher Judicial Service; or (b) from the category of Joint Secretary to Government, Law Department in the Tamil Nadu General Service; or | |
| (iii) | Direct Recruitment. | |
| Class II Principal | (i) (ii) | By promotion from the category of Associate Professor: Provided that the candidates shall have minimum three years of experience as Associate Professor in teaching Law subjects in a Law College. Notwithstanding the above, Associate Professor (Pre-Law) who were recruited prior to the date of issuance of these rules and subsequently promoted / upgraded under the Career Advancement Scheme (CAS) as Associate Professor (Pre-Law) who have experience in teaching as Associate Professor (Pre-Law) in a Law College for a period of not less than three years are eligible to be promoted as Principals. By direct recruitment, if no qualified and suitable candidate is available for appointment by method (i) above; Explanation.- (1) For the purpose of promotion to the post of Principal a single common seniority list shall be prepared in accordance with Section 7 of the Tamil Nadu Government Servants (Conditions of Service) Act,2016 with reference to the seniority already determined irrespective of the date of appointment to the categories of Assistant Professor or Assistant Professor (Pre - Law) . (2) For the purpose of this rule, Assistant Professor (Pre-Law)/Associate Professor (Pre-Law) means the persons holding the post of Assistant Professor (Pre-Law)/Associate Professor (Pre-Law) on the date of issue of these rules. |
| Class III | ||
| Category 1 | Associate Professor | (i) |
| (ii) | ||
| Category 2 | Assistant Professor | |
| Category 3 | Part-Time Lecturer | |
| Class IV | ||
| College Librar- ian | (i) | |
| (ii) | ||
| (iii) |
(b) All substantive vacancies arising in the post of Associate Professor shall be filled or reserved to be as follows:-
(i) 60% (Sixty percent) by promotion.
(ii) 40% (Forty percent) by direct recruitment.
(c) Notwithstanding anything contained in sub - section (r) of Section 3 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a member of any service in the State who possesses the prescribed qualifications shall be eligible for direct recruitment to the posts.
(d) Promotion to all the posts in the service shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.
May 4, 2022] TAMIL NADU GOVERNMENT GAZETTE 432A. Appointing authority.-The appointing authority for the posts shall be the Government.
3. Reservation of appointments.- The rule of reservation of appointments (Section 27 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016) shall apply to the appointments to the service by direct recruitment to all the categories in the service. The appointments to each category shall be treated as a separate unit.
4.Qualifications.- (a) Age.- No person shall be eligible for appointment by direct recruitment to the posts specified in column (1) of the table below, if he has completed or will complete the age specified in the corresponding entries in column (2) thereof, on the 1st day of July of the year in which the vacancy is notified: -
| tAble | |
| Post | Age |
| (1) | (2) |
| Director of Legal Studies | 50 years |
| Principal | 48 years |
| Associate Professor | 45 years |
| Assistant Professor | 40 years |
| Part-Time Lecturer | 58 years |
| College Librarian | 57 years |
Provided that for appointment to the posts of Associate Professor and Assistant Professor, for each year of service, whether regular or temporary if need be, in any of the teaching posts in a Law College in the State by a person, the age-limit will be increased by one year, subject to a maximum of five years.
(b) Other qualifications.- No person shall be eligible for appointment to the posts specified in column (1) of the table below, by the methods specified in column (2) unless he possesses the qualifications specified in the corresponding entries in column (3) thereof:-
tAble
| Post | Methods of recruitment | Qualification | |
| (1) | (2) | (3) | |
| Class I Director of Legal Studies | (i) Direct recruitment | (i) (ii) | Master's Degree in Law of a University in India established or incorporated by or under a Central Act or a State Act or an Institution recognized by the University Grants Commission with not less than fifty five percentage of marks (or an equivalent grade in a points scale, wherever grading system is followed) and a good academic record: Provided that the candidates who have obtained their Master's Degree through Private Study or Distance Education Mode or through Correspondence Course shall not be eligible for appointment: Provided further that the candidates who have obtained their Master's Degree through One Year Course shall not be eligible for appointment. Teaching experience for a period of not less than seven years as Associate Professor in a Faculty of Law in a Law College or practice for a period of not less than ten years at the Bar as an advocate. |
| (ii) Promotion | From among the members of Class II. | ||
| (iii) Recruitment by transfer- | |||
| (a) from the Tamil Nadu State Higher Judicial Service; or (b) from the Category of Joint Secretary to Government, Law Department in the Tamil Nadu General Service. | (i) (ii) | Master's Degree in Law of a University in India established or incorporated by or under a Central Act or a State Act or an Institution recognized by the University Grants Commission; and Experience for a period of not less than two years as District Judge or as Joint Secretary to Government, Law Department, as the case may be. | |
| Class II Principal | (i) Promotion | (i) (ii) (iii) | Master's Degree in Law of a University in India established or incorporated by or under a Central Act or a State Act or an institution recognized by the University Grants Commission with not less than fifty five percentage of marks (or an equivalent grade in a point scale, wherever grading system is followed) and a good academic record: Provided that candidates belonging to Scheduled Castes or Scheduled Tribes, shall possess not less than fifty percentage of marks in the Master's Degree in Law: Provided further that the holders of Ph.D. Degree in Law, who have passed the Master's Degree examination prior to the 19th September 1991, shall possess not less than fifty percentage of marks in the Master's Degree in Law: Provided also that the holders of the posts of Associate Professor and Associate Professor (Pre-Law) on the 24th March 1999, shall possess not less than fifty percentage of marks in Master's Degree in Law. A Ph.D. Degree in Law- (a) A minimum of 10 research publications in peer-reviewed or UGC-listed journals. (b) A minimum of 110 Research Score as per Appendix II, Table 2 of the UGC Regulations, 2018. Must have experience as Associate Professor or Associate Professor (Pre-Law) in a Law College for a period of not less than three years. |
| (ii) Direct Recruitment | (i) | Master's Degree in Law of a University in India established or incorporated by or under a Central Act or a State Act or an in- stitution recognized by the University Grants Commission with not less than fifty five percentage of marks (or an equivalent grade in a point scale wherever grading system is followed) and good academic record: | |
| (ii) (iii) | Provided that the candidates who have obtained their Master's Degree through Private Study or Distance Education Mode or through Correspondence Course shall not be eligible for appointment to the post: Provided further that the candidates who have obtained their Master's Degree through One Year Course shall not be eligible for appointment. A Ph.D. Degree in Law- (a) A minimum of 10 research publications in peer- reviewed or UGC-listed journals. (b) A minimum of 110 Research Score as per Appendix II, Table 2 of the UGC Regulations, 2018. Associate Professor or Professor with total experience of not less than fifteen years in teaching or research or administration in Universities or Colleges and other Institutions of Higher Education. | ||
| Class III Category I Associate Professor | (i) Direct recruitment | (i) (ii) (iii) | Master's Degree in Law in the relevant discipline of a University in India established or incorporated by or under a Central Act or a State Act or an Institution recognized by the University Grants Commission with not less than fifty five percentage of marks (or an equivalent grade in a point scale, wherever grading system is followed) and a good academic record and got enrolled in the Bar Council of Tamil Nadu or in the Bar Council of any other State: Provided that candidates belonging to Schedule castes and Scheduled Tribes shall possess not less than fifty percentage of marks: Provided further that the holders of Ph.D. Degree in Law, who have passed their Master's Degree in Law prior to the 19th September 1991, shall possess not less than fifty percentage of marks in the Master's Degree in Law: Provided also that the candidates who have obtained their Master's Degree in Law through Private Study or Distance Education Mode or through Correspondence Course are not eligible for appointment: Provided also further that the candidates who have obtained their Master's Degree through One Year Course are not eligible for appointment. Teaching experience for a period of not less than eight years in a Faculty of Law in a Law College and / or research in a academic / research position equivalent to that of Assistant Professor in a University, College or Accredited Research Institution / industry with a minimum of seven publications in the peer-reviewed or UGC-listed journals and a total research score of seventy five (75) as per the criteria given in Appendix II, Table 2 of the UGC Regulations, 2018. Must have qualified in the National Eligibility Test (NET) or State Level Eligibility Test (SLET/ SET) or an accredited Test: |
| (iv) | Provided that the candidates, who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil. / Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time shall be exempted from the requirement of the minimum eligibility condition of NET / SLET / SET or an accredited Test: Provided further that the candidates registered for the Ph.D. Degree prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws/ Regulations of the Institution awarding the Degree, and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions subject to fulfillment of the following conditions:- (a) The Ph.D. Degree of the candidate has been awarded in the regular mode; (b) The Ph.D. thesis has been evaluated by at least two external examiners; (c) Open Ph.D. viva voce of the candidate has been conducted; (d) The candidate has published two research papers from his Ph.D. work out of which at least one is in a refereed journal; (e) The candidate has presented not less than two papers based on his Ph.D work in conferences/seminars sponsored/funded/ supported by the UGC/ICSSR/CSIR or any similar agency. A Ph.D., Degree in Law. | ||
| (ii) | Promotion | The Assistant Professors shall be appointed as Associate Professors by promotion under the Career Advancement Scheme (CAS) subject to fulfillment of the eligibility and performance criteria as laid down in Clause 6.3. of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and ther Measures for the Maintenance of Standards in Higher Education, 2018 as amended from time to time. | |
| Category 2 Assistant Professor | Direct recruitment | (i) | Master's Degree in Law in the relevant discipline for which application is made of any recognized University with not less than fifty five percentage of marks (or an equivalent grade in a points scale, wherever grading system is followed) and a good academic record: Provided that candidates belonging to Schedule Castes and Scheduled Tribes shall possess not less than fifty percentage of marks: Provided further that the holders of Ph.D. Degree in Law, who have passed their Master's Degree in Law prior to the 19th September 1991, shall possess not less than fifty percentage of marks in the Master's Degree in Law: Provided also that the candidates who have obtained their Master's Degree through Private Study or Distance Education Mode or through Correspondence Course shall not be eligible for appointment: |
| Post | Methods of recruitment | Qualification | |||
| (1) | (2) | (3) | |||
| (ii) (iii) | Provided also further that the candidates who have obtained their Master's Degree through One Year Course are not eligible for appointment. Teaching experience for a period of not less than eight years in a Faculty of Law in a Law College or practice for a period of not less than seven years at the Bar as an advocate; and Must have qualified in the National Eligibility Test (NET) or State Level Eligibility Test (SLET/ SET) or an accredited Test: Provided that candidates, who are or have been awarded Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil., / Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET or an accredited Test: Provided further that the candidates registered for the Ph.D. Degree prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws/ Regulations of the Institution awarding the Degree, and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges / Institutions subject to fulfillment of the following conditions:- (a) The Ph.D. Degree of the candidate has been awarded in the regular mode; (b) The Ph.D. thesis has been evaluated by at least two external examiners; (c) Open Ph.D. viva voce of the candidate has been conducted; (d) The candidate has published two research papers from his Ph.D. work out of which at least one is in a refereed journal; (e) The candidate has presented not less than two papers based on his Ph.D workin conferences/seminars sponsored/ funded/ supported by the UGC/ICSSR/CSIR or any similar agency. | ||||
| Category 3 Part-Time Lecturer | Direct recruitment | (a) (b) (c) | (i) M.L. Degree; (ii) Experience at the Bar for a period of not less than three years; or (i) A first class B.L. Degree; (ii) A Degree; and (iii) Experience at the Bar for a period of not less than five years; or (i) A second class B.L. Degree and; (ii) A second class Degree or a post graduate degree; and (iii) Experience at the Bar for a period of not less than five years. |
| Post | Methods of recruitment | Qualification | |
| (1) | (2) | (3) | |
| Class IV College Librarian | Direct recruitment or by recruitment by transfer from the Tamil Nadu Ministerial Service or for special reasons, by recruitment by transfer from any other service. | (i) (ii) (iii) (iv) | A Master's Degree in Library Science or Information Science or Documentation Science or an equivalent professional degree, with not less than fifty five percentage of marks (or an equivalent grade in a point scale, wherever grading system is followed): Provided that a relaxation of five percentage shall be allowed at the Bachelor's as well as at the Master's level for the candidates belonging to Scheduled Castes /Scheduled Castes (Arunthathiyar)/ Scheduled Tribes / Backward Classes / Backward Class Muslims/ Most Backward Classes and Denotified Communities and Differently – abledfor the purpose of eligibility and assessing good academic record for direct recruitment. The eligibility marks of fifty five percentage of marks (or an equivalent grade in a point scale wherever the grading system is followed) and the relaxation of five percentage to the categories mentioned above are permissible, only based on the qualifying marks without including any grace mark procedure: Provided further that the holders of Ph.D Degree in Library Science, who have passed their Master's degree in Library Science or Information Science or Documentation Science or equivalent professional degree prior to 19th September 1991, shall possess not less than fifty percentage of marks in the Master's Degree; and One year Post graduate diploma in Library Automation and Networking; or Experience for a period of not less than one year as a Librarian or Assistant Librarian or Library Assistant or Cataloger in a Library, wherein Library automation software is used; and A consistently good academic record; and Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET or who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./ Ph.D.Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be: Provided that the candidates registered for the Ph.D. Degree prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye – laws/ Regulations of the Institution awarding the degree, and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges / Institutions subject to fulfillment of the following conditions:- (a) The Ph.D. Degree of the candidate has been awarded in the regular mode; (b) The Ph.D thesis has been evaluated by at least two external examiners; (c) Open Ph.D viva voce of the candidate has been conducted; (d) The candidate has published two research papers from his Ph.D work out of which at least one is in a refereed journal; (e) The candidate has presented not less than two papers based on his Ph.D work in conferences/ seminars sponsored / funded/ supported by the UGC/ICSSR/CSIR or any similar agency. |
| Explanation.- (i) The fulfillment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned. (ii) NET/SLET/SET shall also not be required for candidates in such Master's Programmes for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET. (iii) The term "consistently good academic record" means candidates must have obtained not less than fifty percentage of marks in Higher Secondary Examination and in Bachelor's Degree Examination. |
5. Probation.-(a) Every person appointed to any post by direct recruitment shall, from the date on which he joins duty, be on probation in such post for a total period of two years on duty within a continuous period of three years:
Provided that every person appointed to any post by recruitment by transfer shall, from the date on which he joins duty, be on probation for a total period of one year on duty within a continuous period of two years.
(b) The Director of Legal Studies shall be competent to issue orders declaring satisfactory completion of probation or extending the period of probation for failure to pass the prescribed tests in respect of the members of the service in Class III and Class IV.
6. Test.- Every person appointed to the post of Director of Legal Studies or Principal shall pass the Account Test for Executive Officers within the period of probation in the case of direct recruits or within a period of two years from the date of appointment in the case of others. If, within the period specified above, a person, for whom no probation is prescribed fails to pass the test, his increment other than the first increment shall be stopped without cumulative effect till he passes the test and such ineligibility to draw increments in the time-scale of pay shall not have the effect of postponing his future increments after he passes the test. In the case of direct recruitment, his probation will be extended until he passes the test, subject to rule 5(a).
7. Pension.-Every person appointed to the service and governed by the Pension Rules shall be entitled to the benefits available under Article 404-AA of the Civil Service Regulations.
8. Transfers and postings.-The Government shall be the competent authority for transfers and postings in respect of members of Class I and II and the Director of Legal Studies shall be the competent authority for transfers and postings in respect of members of other Classes.
9. Preparation of annual list of approved candidates.-For the purpose of drawing up of the annual list of approved candidates for appointment to the posts in the service by promotion or by recruitment by transfer the crucial date on which the candidates should be qualified shall be the 1st March of every year.
10. Private Practice.- Every person appointed to the post of Part-Time Lecturer may practice in Courts without detrimental to his normal official duties of such post. He may also take up Part.-Time jobs with the permission of the Government. 11. Pay.-There shall be paid to holders of the posts of category III in Class III,a monthly pay calculated in the scale of Rs.500-20-700-25-900 and they shall not be eligible for any allowance except Travelling Allowance or for the benefits or any Provident Fund or under Pension Rules.
12. Savings.- Nothing contained in these rules shall adversely affect the persons already holding the post of Assistant Professor (Pre-Law) on the date of issue of these rules.
B. KARTHIKEYAN,
Secretary to Government (Legal Affairs).
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU