K.A.Mownika v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.10716 of 2025 & W.M.P.Nos.12068, 12070 & 12071 of 2025 K.A.Mownika ... Petitioner -Versus1.The State of Tamilnadu, Rep. by its Principal Secretary to Government, Higher Education K2 Department, Fort St. George, Chennai - 600 009.
2.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
3.Teachers Recruitment Board, Rep. by its Chairman, 4th Floor, DPI Campus, College Road, Chennai - 600 006.
4.Tamilnadu State Council for Higher Education, Rep. by is Member Secretary, Lady Willington College Campus, Kamarajar Salai, Chennai - 600 005.
5.The Registrar, Sri Venkateswara University, Tirupati, Andhra Pradesh.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.(Ms).No.244 Higher Education (K2) Department dated 07.11.2022 insofar as relates to Item No.29 stating that B.Sc., Science (Mathematics, Physics, Computer Science) awarded by Sri Venkateswara University is not equivalent to B.Sc., Physics for purpose of employment in Public Services and to quash the same as being illegal and unsustainable in law insofar as petitioner is concerned and for a consequential direction to treat the petitioner as eligible for employment in public services of the state holding that B.Sc., (Mathematics, Physics, Computer Science) acquired by her is equivalent to B.Sc., Physics.
For Petitioner : Mrs.N.Kavitha Rameshwar For Respondents 1 & 4 : Mr.C.Jayaprakash, Government Advocate For Respondent 3 : Mr.R.Siddharth
ORDER
The writ petition has been filed in the nature of a certiorarified mandamus seeking records relating to the G.O.(Ms)No.244, Higher Education (K2) Department dated 07.11.2022, so far as it relates to a declaration that B.Sc., Science (Mathematics, Physics and Computer Science) awarded by Sri Venkateswara University, Tirupati is not equivalent to B.Sc., Physics for the purpose of employment in public services. The petitioner seeks that the B.Sc.,
degree acquired by her is equivalent to B.Sc., Physics as required by the respondents.
2. In the affidavit filed in support of the writ petition, it had been contended that the petitioner had completed B.Sc., Science (Mathematics, Physics and Computer Science) (Triple Major) in the year 2013 at Sri Venkateswara University at Tirupati. She had also completed her B.Ed at Tamilnadu Teachers Education University. She also completed M.Sc., Physics from the University of Madras.
3. The petitioner then applied for the recruitment to the post of Post Graduate Assistants/Physical Education Directors Grade-1/Computer Instructor Grade I in School Education and other Departments, consequent to a notification issued by the third respondent on 09.09.2021 for the year 20202021. She progressed to the state of verification of certificates. Thereafter, when the selection list was published, her name was not found.
4. It was informed that since she had completed B.Sc., Science (Mathematics, Physics and Computer Science) (Triple Major) at Sri Venkateswara University, she had to get equivalent certificate that the said
degree could be treated as equivalent to B.Sc., physics for the purpose of Public Employment.
5. In this connection, the respondents had placed reliance on G.O.Ms.No.244, Higher Education (K2) Department dated 07.11.2022.
6. The learned counsel for the petitioner placed reliance on the judgement of the Division Bench of his Court in W.A.No.166 of 2024 dated 12.07.2024, wherein the very same Sl.No. namely Sl.No.29 relating to the very same course had been examined by the Division Bench and had been struck down.
7. The relevant portion of the order of the Division Bench is extracted hereunder:
"Therefore, we are of the view that the opinion rendered by the experts on 20.10.2022, based on which the Government issued G.O.Ms.No.244, Higher Education (C2) Department dated 07.11.2022, cannot be put against the appellant to deny her public employment. If at all, the Government Order in G.O.Ms.No.244, Higher Education (C2) Department dated 07.11.2022 must be applied prospectively and not retrospectively to bring within its sweep the degrees obtained by the
students prior to the issuance of the said Government Order.
18. In the light of the above, the impugned G.O.(Ms).No.244 Higher Education (K2) Department dated 07.11.2022 insofar as relates to Item No.29 stating B.Sc., Science (Mathematics, Physics, Computer Science) awarded by Sri Venkateswara University is not equivalent to B.Sc. (Physics) for the purpose of employment in Public Services, is quashed insofar as the appellant is concerned."
8. The same order enures to the petitioner also. The impugned order is set aside. It is declared that the qualification acquired by the petitioner in UnderGraduate degree should be treated as equivalent to B.Sc., Physics for all purposes including employment in Public Services.
9. A direction is issued to the respondents to pass consequential orders within a period of six weeks from the date of receipt of a copy of this order. The Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed.
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Index : Yes/No Speaking order/Non speaking order To 1.The Principal Secretary to Government, Higher Education K2 Department, Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
3.Teachers Recruitment Board, Rep. by its Chairman, 4th Floor, DPI Campus, College Road, Chennai - 600 006.
4.Tamilnadu State Council for Higher Education, Rep. by is Member Secretary, Lady Willington College Campus, Kamarajar Salai, Chennai - 600 005.
5.The Registrar, Sri Venkateswara University, Tirupati, Andhra Pradesh.
C.V.KARTHIKEYAN, J.
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