← Library
Madras High CourtWP/9888/2023disposed of

L.Venkatesan v. The State Of Tamil Nadu

2023-03-30Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.No.9951 of 2023 L.Venkatesan ... Petitioner

Versus

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

2. The Tamil Nadu State Council for Higher Education, Rep. by its Vice Chairman/Secretary, Lady Willington College Campus, Kamarajar Salai, Triplicane, Chenni - 600 006.

3. The Director for Collegiate Education, Higher Education, College Road, Chennai - 600 006.

4. The University of Madras, Rep. by its Registrar, Chepauk, Chennai - 600 005.

5. The Teachers Recruitment Board, Rep.by its Member Secretary, College Road, Chennai - 600 006.

...Respondents

1/7

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to pass a appropriate orders with regard to the petitioner's B.A. Degree (Triple Major - History, Economics & Political Science) awarded by Sri Venkateswara University, Tirupathi is equivalent to B.A. Economics based on the applications of the petitioner dated 03.02.2020 and 29.09.2022 respectively forthwith so as to enable the petitioner to get regular employment as Assistant Professor in Economics through the 5th respondent recruitment.

For petitioner :

Mr.M.R.Jothimanian For RR1 to 3 :

Mr.N.Naveen Kumar Murthi, Government Advocate For R4 :

Mr.E.C.Ramesh, Standing Counsel For R5 :

Mr.R.Siddharth

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to pass appropriate orders with regard to the petitioner's B.A. Degree (Triple Major - History, Economics & Political Science) awarded by Sri Venkateswara University, Tirupathi which is equivalent to B.A. (Economics), based on the applications of the petitioner 2/7

dated 03.02.2020 and 29.09.2022 respectively, forthwith, so as to enable the petitioner to get regular employment as Assistant Professor in Economics through the 5th respondent recruitment.

2. The case of the petitioner in brief:

(a) The petitioner had completed B.A. Degree in Triple Major-History, Economics and Political Science (HEP) at Sri Venkateswara University, Tirupathi and subsequently, he had also completed M.A., M.Phil., Ph.D., in Economics in the Madras University/4th respondent. The education studies had been accepted by the 3rd respondent by appointing him as a Guest Lecturer in Economics, vide order dated 12.01.2023. However, the fourth respondent has declared B.A. Degree course Triple Major in Sri Venkateswara University, Tirupathi as equivalent to B.A. (Economics) Degree in the State of Tamil Nadu for the purpose of employment, vide letter dated 27.06.2018. Based on the letter, dated 27.06.2018, the petitioner was appointed as Guest Lecturer in Economics as per the order of the 3rd respondent dated 27.06.2018 and subsequently, he had completed M.A. (Economics) under the fourth respondent/University and thereafter, je jad also completed Ph.D., in Economics. Therefore, the petitioner is fully 3/7

eligible for appointment to the post of Assistant Professor in Economics. But there is no Government Order issued by the first respondent for equivalence. Hence, the petitioner had submitted an application to the second respondent on 03.02.2020, requesting to declare his B.A. UG degree as equivalent to B.A. Economics and the same is pending till date. He had submitted another application to the second respondent also on 29.09.2022 and the same is also pending till date. The fifth respondent is going to issue recruitment notification for appointment to the Post of Assistant Professors in the State of Tamil Nadu and therefore, equivalence order ought to be issued by the competent authority and a decision ought to have been taken based on his applications dated 03.02.2020 and 29.09.2022. Hence, this present Writ Petition.

3. The learned counsel for the petitioner submitted that since the petitioner has completed B.A. Degree Triple Major which is equivalent to B.A. (Economics) and also completed M.A. M.Phil and Ph.D in Economics, there is no impediment to declare that B.A. Degree Triple Major is equivalent to B.A. Economics. His claim is pending before the respondents without any progress for the past two years and the fifth respondent is going 4/7

to call for the applications for regular appointments, and the respondents ought to have taken a decision. Hence, he prays to allow the Writ Petition by directing the respondents 1 to 3 & 5 to declare the petitioner's B.A. Degree Triple Major as equivalent to B.A. (Economics) and also direct the respondents 1 to 3 to issue a Government Order with regard to the same.

4. The learned Counsel appearing for the respondents submitted that that the applications given by the petitioner would be considered by the authorities concerned and appropriate orders would be passed on their own merits in accordance with law.

5. In view of the above submissions, without expressing any opinion on the merits of the case, this Court is inclined to pass an order directing the first respondent to consider the petitioners' applications dated 03.02.2020 and 29.09.2022 and pass appropriate orders on their own merits and in accordance with law, as early as possible, within a period of four weeks from the date of receipt of a copy of this order. 5/7

6. With the above direction, this writ petition is disposed of. No order as to costs. Consequently, the connected miscellaneous petition stands closed.

30.03.2023 Index : Yes/No Speaking Order : Yes/No ssi To

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

2. The Tamil Nadu State Council for Higher Education, Rep. by its Vice Chairman/Secretary, Lady Willington College Campus, Kamarajar Salai, Triplicane, Chenni - 600 006.

3. The Director for Collegiate Education, Higher Education, College Road, Chennai - 600 006.

4. The University of Madras, Rep. by its Registrar, Chepauk, Chennai - 600 005.

5. The Teachers Recruitment Board, Rep.by its Member Secretary, College Road, Chennai - 600 006.

6/7

V.BHAVANI SUBBAROYAN, J.

ssi 30.03.2023 7/7