D.Devakumar, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR AND W.M.P.No.2 of 2015 D.Devakumar, S/o.S.Dayanandhan, No.2/24, Varasakthi Vinayagar Koil Street, Odamanagar, Vanagaram Post, Chennai 600 095.

Petitioner(s) Vs

1. The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai-600 009.

2.The Director of College Education, Directorate of Collegiate Education, 9th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-600 006.

3.The Chairman Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai,

DPI Compound, College Road, Chennai-6.

4.The Member Secretary Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-6.

5.The Principal Government Arts College, Nandanam, Chennai-35.

6.Mr.K.Maheskumar 12/6, CPWD Quarters, K.K.Nagar, Chennai-78.

Respondent(s) Prayer: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to order G.O.Ms.No.191, dated 22.07.2015 passed by the first respondent in so far as relates to the Appointment of Sixth respondent to the Post of Assistant Professor in the subject of aquaculture at fifth respondent college and quash the same and direct the respondents 1 to 4 to appoint the petitioner in the said post of Assistant Professor in the subject of Aquaculture in accordance with the rules relating to back log vacancy as laid down in Prospectus for the recruitment of Assistant Professors for the year 2010. For Petitioner(s):

Mr.S.Pushpakaran For Respondent(s):

Mrs.Indhu Bala Additional Government Pleader for R1, 2 & 5 Mr.C.Kathiravan For R3 and R4 Mr.R.Prabhakaran For R6

ORDER

The present Writ Petition has been filed to quash the order issued by the first respondent in G.O.Ms.No.191, dated 22.07.2015, in sofar as relates to the appointment of 6th respondent to the Posts of Assistant Professor in the subject of Aquaculture at 5th respondent college and to quash the same. The petitioner also sought for consequential direction to appoint the petitioner as Assistant Professor of Aquaculture in the place of 6th respondent. The facts that are relevant for disposal of this case are as under:

2. The respondents 3 and 4 have issued a notification for Direct Recruitment of Assistant Professor in Tamil Nadu Collegiate Educational Service for Government Arts & Science Colleges-2012, proposing to fill up various posts including the post of Assistant Professor in the subject of Aquaculture. In the said notification, the post of Assistant Professor of Aquaculture, was earmarked for Most Backward Class General (MG) and the same was also notified as the back log vacancy of the year 2010. Both the

petitioner as well as the 6th respondent participated in the recruitment process. The 6th respondent has emerged as successful candidate and was appointed as Assistant Professor of Aquaculture in the 5th respondent-college through the impugned G.O.Ms.No.191, dated 22.07.2015.

3. The petitioner filed the present petition, challenging the said order dated 22.07.2015, on the ground that the 6th respondent does not possess the qualification of M.SC., Aquaculture, which is mandatory qualification for the post of Assistant Professor of Aquaculture, but the respondents 3 and 4 have erroneously appointed the 6 th respondent by treating the M.Sc., Marine Biology degree possessed by the 6th respondent and treating the same as equivalent to the M.Sc., Aquaculture degree. According to the learned counsel for the petitioner, the said degree namely M.Sc., Marine Biology possessed by 6 th respondent is treated as equivalent to M.Sc., Aquaculture, only in the year 2012 and the same cannot be made applicable to the back log vacancy of the year 2010.

4. The said contention made by the learned counsel for the petitioner is factually incorrect as the M.Sc., Marine Biology was declared as equivalent to M.Sc., Aquaculture as early as in the year 2002 vide G.O.(D)No.142, Animal Husbandry & Fisheries (FS-11) Department, dated 22.08.2002 and the said particulars are also very much furnished in the Direct Recruitment Notification issued by the respondent Nos.3 and 4 itself. As the contention of the learned counsel for the petitioner is that the M.Sc., Marine Biology was treated equivalent to M.Sc., Aquaculture only in the year 2012, is found to be factually incorrect, the only ground raised by the petitioner is unsustainable.

5. In the light of the above, this Court does not see any merit in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

24-06-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai-600 009.

2.The Director of College Education, Directorate of Collegiate Education, 9th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-600 006.

3.The Chairman Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-6.

4.The Member Secretary Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-6.

5.The Principal Government Arts College, Nandanam, Chennai-35.

MUMMINENI SUDHEER KUMAR J.

jd 24-06-2025