K.Suresh, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2017

CORAM

THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN W.P.Nos.20932 & 20933 of 2017 and W.M.P.Nos.21820 & 21821 of 2017 1.K.Suresh 2.M.Pasuvaraj 3.M.Anandan 4.A.Arunkumr ..Petitioners in WP.NO.20932/17 1.Vinodhini 2.R.Saranya 3.Leninraj 4.Amsaveni 5.T.Sathishkumar 6.V.Booma 7.G.Rekadevi 8.G.Kaviarasan 9.G.Sasikumar 10.S.Govindan ...Petitioners in WP.No.20933/17 Vs.

1.The State of Tamil Nadu Rep by its Secretary to Government Higher Education Department Fort St. George Chennai - 600 009.

2.Teachers Recruitment Board Rep by its Member Secretary 4th Floort, EVK Sampathmaaligai DPI Compound, College Road Chennai - 600 006.

3.Tamil Nadu Teachers Education University Lady Willingness College Campus Kamarajar Salai, Chennai - 600 005.

4.Vinayaka Missions University [Formerly Vinayaka Mission's Research Foundation Deemed University] [Annapoorna College of Education] University Office NH-47, Sangagiri Main Road Ariyanoor, Salem.

5.Equivalance Committee Tamil Nadu State Higher Education Council Rep by its Vice Chairman Lady Wellington College Campus Kamarajar Salai Triplicane, Chennai - 600 005. Respondents in both WPs Prayer : Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the G.O.Ms.No.3, Higher Education [K2] Department dated 05.01.2016 holding that the B.Ed. degree course offered by the 4th respondent University is not equivalent to B.Ed. of the 3rd respondent University is applicable only to the 2 year B.Ed degree course offered by the 4th respondent University from the academic year 2015-16 onwards and consequently direct the 2nd respondent to include the names of the petitioners, who have undergone one year B.Ed.

degree course in the 4th respondent University recognized by the 3rd respondent University as equivalent to the B.Ed degree offered by the 3rd respondent, in the select list of candidates eligible for appointment as PG Assistants and B.T.Assistants to be published by the 2nd respondent based on certificate verification conducted between 24.07.2017 and 29.07.2017.

For Petitioners :Mrs.Nalini Chidambaram in both WPs Senior Counsel For Ms.C.Uma For Respondents :Mr.K.Venkataramani in both WPs Assisted by Mr.T.M.Pappiah [For R1, R2 & R5] Special Government Pleader Mr.U.Venkatesan [For R3] Mr.Parthasarathy [For R4] C O M M O N O R D E R The petitioners have passed 1 year B.L. degree holder from the 4th respondent University before 2015. However the Government issued G.O.Ms.No.3, Higher Education [K2] Department dated 05.01.2016 by which the State Government decided to accept the recommendation of the 57th Equivalent Committee Meeting held on 17.11.2015 and declared that B.Ed., degree awarded from Vinayaka Mission University is not equivalent to B.Ed., degree offered by Tamil Nadu Teachers Education University. In view of that the petitioners are not eligible for the post of P.G. Assistant in the Government Schools in Tamil Nadu by the 3rd respondent and therefore challenging the said G.O. the petitioners have come before this Court.

2.Heard Mrs.Nalini Chidambaram, learned Senior Counsel appearing for the petitioner and Mr.K.Venkataramani, learned Additional Advocate General Assisted by Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the respondent Nos.1, 2 and 5 and Mr.U.Venkatesan, learned counsel appearing for the 3rd respondent and Mr.Parthasarathy, learned counsel for the 4th respondent.

3.The petitioners have applied for the post of P.G. Assistant in Government Higher Secondary Schools for the year 2016-17 and they apprehend that they would not be considered for the appointment in view of G.O.Ms.No.3, High Education Department dated 05.01.2016.

4.It is seen that persons similarly placed like that of the petitioners have already approached this Court and this Court in W.P.No.25018, 25205 & 25206 of 2017 by order dated 30.11.2017 granted relief holding that G.O.Ms.No.3, Higher Education Department dated 05.01.2016 is not applicable to the degrees obtained from Vinayaka Mission University and the petitioners therein are qualified to be appointed.

5.Paragraph No.11 is extracted as follows:- "11.One more interesting point is that Tamil Nadu Teachers Education University itself has been established only in the year 2008, whereas Vinayaka Missions University got approval from NCTE in the year 2007 itself and they have been admitting students from the year 2007 onwards. Subsequent regulation or G.O., cannot disqualify validly obtained degrees granted by an NCTE approved institution. Moreover, as rightly pointed out by the learned Senior counsel, the Hon'ble Supremce Court in Suresh Pal and others Vs. State of Haryana and others reported in (1987) 2 Supreme Court Cases 445, has held that based on the subsequent order, the recognition of the institution would not affect the students who have been admitted in the college, when the recognition was in force.

Similarly, the petitioners had obtained valid degrees before G.O.Ms.No.3, Higher Education (K2) Department, dated 05.01.2016, and the new NCTE regulation came into force. In view of the above, this Court holds that G.O.Ms.No.3, Higher Education (K2) Department, dated 05.01.2016, which declares that B.Ed degree awarded by Vinayaka Mission University as not equivalent to B.Ed conferred by Tamil Nadu Teachers Education University would be applicable only from the year 2015-2016 and not before that, especially in respect of the petitioners."

6.Since this Court has held that G.O.Ms.No.3, Higher Education (K2) Department, dated 05.01.2016 is not applicable to the degrees obtained from Vinayaka Missions University and the petitioners are said to have obtained valid degrees, they are qualified to apply making use of the degree obtained. 7.With the above direction the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

maya Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government Higher Education Department Fort St. George Chennai - 600 009.

2. The Member Secretary Teachers Recruitment Board 4th Floort, EVK Sampathmaaligai DPI Compound, College Road Chennai - 600 006.

3.Tamil Nadu Teachers Education University Lady Willingness College Campus Kamarajar Salai, Chennai - 600 005.

4.Vinayaka Missions University [Formerly Vinayaka Mission's Research Foundation Deemed University] [Annapoorna College of Education] University Office NH-47, Sangagiri Main Road, Ariyanoor, Salem. 5.The Vice Chairman Equivalance Committee Tamil Nadu State Higher Education Council Lady Wellington College Campus Kamarajar Salai, Triplicane, Chennai - 600 005. +1cc to Mr.U.Venkatesan, Advocate SR.No.91714 +1cc to Ms.C.Uma, Advocate Sr.No.91657 KJI(CO) sm:18.1.2018 W.P.Nos.20932 & 20933 of 2017