S.Maharajan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25-09-2018
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.8757 and 8758 of 2015 And M.P.No.1 of 2015 S. Maharajan ... Petitioner in both WPs ..Vs..
1.The State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Chairman, Teacher Recruitment Board, 4th Floor, E.V.K. Sampath Building, 3.The Director of School Education, 4.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-600 003.
... Respondents in both WPs WP No.8757 of 2015 is filed Under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to select and appoint the petitioner (14PG06130054) to the post of PG Assistant (Botany) based on the merit in the selection conducted by Teacher Recruitment Board as per Certificate Verification conducted on 17.2.2015, by considering the degree M.Sc. (Applied Botany) obtained by the petitioner from Periyar University.
WP No.8758 of 2015 is filed Under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pass appropriate orders for declaring equivalence to M.Sc. (Applied Botany) degree obtained from Periyar University as equivalent to M.Sc. Botany. For Petitioner in both WPs : Mr.G.Sankaran For Respondents-1&3 in both WPs: Mr.K.Karthikeyan, Government Advocate.
For Respondent-2 in both WPs : MR.C.Munusamy, Special Government Pleader (Education) For Respondent-4 in both WPs : Ms.C.N.G.Niraimathi, Standing Counsel for TNPSC.
C O M M O N O R D E R The reliefs sought for in these writ petitions are for a direction to direct the respondents to select and appoint the petitioner to the post of PG Assistant (Botany) based on the merit in the selection conducted by Teacher Recruitment Board as per Certificate Verification conducted on 17.2.2015, by considering the degree M.Sc. (Applied Botany) obtained by the petitioner from Periyar University and to pass appropriate orders for declaring equivalence to M.Sc. (Applied Botany) degree obtained from Periyar University as equivalent to M.Sc. Botany.
2. The learned Standing Counsel, appearing on behalf of the Tamil Nadu Public Service Commission, has stated that the grievance of the writ petitioner has already been redressed and in this regard, a counter-affidavit has been filed on behalf of the fourth respondent and paragraph-4 of the counter-affidavit reads as follows:- "4. In such circumstances with reference to W.P.No.8758 of 2015 filed by the petitioner praying to direct the respondents 1 to 4 to pass appropriate orders for declaring equivalence to M.Sc. (Applied Botany) degree obtained from Periyar University as equivalent to M.Sc., Botany within a time frame, it is submitted that generally the Equivalence Committee arrives at a decision on the degrees for which the equivalence is sought for based on the views/remarks and unit-wise comparative statement and percentage of similarities of the degrees obtained from the Board of
Studies concerned from another University. The proposal of Periyar University was considered by the Equivalence Committee in its 51st meeting held on 25.3.2015 and passed the resolution considering M.Sc., Degree in Applied Botany awarded by Periyar University as equivalent to M.Sc., Degree in Botany and forwarded to the Government. Thereafter, it is submitted, that the Government have accepted the recommendations of the 51st Equivalence Committee resolved in its meeting held on 25.3.2015 and issued G.O.(Ms.) No.72, Higher Education Department, dated 20.4.2015 declaring the qualifications mentioned therein as equivalent."
3. In view of the counter-affidavit, now filed before this Court, the grievance of the writ petitioner has been redressed and therefore, no further adjudication is required in respect of the grounds raised in these writ petitions.
4. Accordingly, the writ petitions stand closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.
Sd/-- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Svn To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Chairman, Teacher Recruitment Board, 4th Floor, E.V.K. Sampath Building,
3.The Director of School Education, 4.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-600 003.
+1cc to Government Pleader SR.NO.66619 GP(CO) sm:16.10.2018 WP Nos.8757 and 8758 of 2015