K.Ganesan v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.33400 of 2017 and W.M.P.No.36881 of 2017 K.Ganesan ...
Petitioner Vs 1.The State of Tamil Nadu rep.by its Secretary to Government, Higher Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, DPI Complex, College Road, Chennai-600 006.
3.Teachers Recruitment Board rep.by its Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Complex, College Road, Chennai-600 006.
4.Tamil Nadu Teachers Education University, Lady Willingness College Campus, Kamarajar Salai, Chennai-600 005.
5.Vinayaka Missions University (Formerly Vinayaka Missions's Research Foundation Deemed University) (Annapoorna College of Education), University Office, NH-47, Sangagiri Main Road, Ariyanoor, Salem.
6.The Equivalence Committee, Tamil Nadu State Higher Education Council, rep.by its Vice Chairman, Lady Wellington College Campus, Kamarajar Salai, Triplicane, Chennai-600 005.
7.The National Council for Teacher Education, rep.by its Chairperson, New Delhi-110 002.
8.Tamil Nadu Public Service Commission, rep.by its Secretary, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
(R7 and R8 are suo motu impleaded as per order dated 11.01.2018 of this Court in W.M.P.No.573 of 2018 in W.P.No.33400/2017). ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration declaring that the G.O. Ms.No.3 Higher Education (K2) Department dated 5.1.2016 holding that the B.Ed Degree Course offered by the 5th respondent University is not equivalent to B.Ed of the 4th respondent University is applicable only to the 2 years B.Ed Degree Course offered by the 5th respondent University from the Academic Year 2015-2016 onwards and not to one year B.Ed Degree Course offered by the 5th respondent and consequently direct the 3rd respondent to call the petitioner for counselling for his respective subject as per the provisional selection list of candidates published by the 3rd respondent after Certificate Verification for direct recruitment of B.T.Assistant for the year 2016-2017 and allot the B.T.Assistant Post in the respective subject to the petitioner.
For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.C.Munusamy, Special Government Pleader (Edn.) for R1 to R4 Mr.P.R.Gopinathan for R7 Dr.M.Devendran for R8
O R D E R
When this writ petition was taken up, the learned counsel appearing on both sides, have submitted that the issue involved in this writ petition has already been decided by this Court in the order passed in W.P.Nos.25081, 25205 and 25206 of 2017 dated 30.11.2017 and hence a similar order may be passed in the present writ petition.
2.The operative portion of the order passed by this Court in W.P.Nos.25081, 25205 and 25206 of 2017 dated 30.11.2017, reads as follows:
"Since this Court holds 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 be appointed. In view of the above reasons, the
petitioners are entitled to be appointed, whenever the other selected students are appointed, as the petitioners possess valid degrees and they have also qualified in the Teachers Eligibility Test and their names find place in the select list of candidates. With the above directions, the writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs."
3.In view of the above, the present writ petition is disposed of on the same lines. Consequently the connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, Higher Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, DPI Complex, College Road, Chennai-600 006.
3.The Member Secretary, Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai, DPI Complex, College Road, Chennai-600 006.
4.Tamil Nadu Teachers Education University, Lady Willingness College Campus, Kamarajar Salai, Chennai-600 005.
5.The Equivalence Committee, Tamil Nadu State Higher Education Council, rep.by its Vice Chairman, Lady Wellington College Campus, Kamarajar Salai, Triplicane, Chennai-600 005.
6.The Chairperson, National Council for Teacher Education, New Delhi-110 002.
7.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
+1cc to Dr.M.Devendran, Advocate SR.No.13606 +1cc to Government Pleader Sr.No.13212 +1cc to Mr.P.R.Gopinathan, Advocate Sr.No.13180 +1cc to Mr.A.Ilayaperumal, Advocate Sr.No.12857 RK(CO) sm:9.3.2018 W.P.No.33400 of 2017 and W.M.P.No.36881 of 2017