P.S.Annakodi v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2017 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WRIT PETITION No.1950 of 2015 and M.P.Nos.1 & 2 of 2015 P.S.Annakodi ... Petitioner Vs.

1. The Principal Secretary to Government, Higher Education Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai - 9.

2. Teacher Recruitment Board, Rep.by its Member Secretary, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 6.

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the impugned order of the 2nd respondent dated 18.12.2014 in Rc.No.12644/B6/2014, quash the same and direct the respondents to appoint the petitioner as Asst.Professor(Computer Science) For Petitioner : Mr.N.Subramani For Respondents : Mr.K.Venkata Ramani Additional Advocate General - VII Assist by K.Dhananjayan Special Government Pleader for R1 & R2

O R D E R

The order of rejection dated 18.12.2014, not treating the qualification possessed by the writ petitioner i.e. M.Sc.,(Computer Communication) equivalent to M.Sc., (Computer Science) is under challenge in this writ petition.

2. The writ petitioner has passed B.Sc.,(Computer Science) during May, 1996 and M.Sc.,(Computer Communication) in Bharathiyar University, during April, 1998. Thereafter, the writ petitioner had completed M.Phil.,(Computer Science) during July, 2005. Further, she had passed State Eligibility Test for Lectureship (SLET) on 7th October, 2012. Accordingly, the writ petitioner is eligible for appointment for the post of Lecturer is the claim of the writ petitioner.

3. The learned counsel appearing for the writ petitioner contended that the writ petitioner has completed M.Sc.,(Computer Communication) which is equivalent to M.Sc.,(Computer Science). In support of the arguments, the writ petitioner stated that the Bharathiyar University, Coimbatore, issued proceedings dated 10.06.2013, stating that M.Sc., (Computer Communication) is equivalent to M.Sc.,(Computer Science). Relying on the letter issued by the Registrar, Bharathiyar University, the learned counsel appearing for the writ petitioner contended that the writ petitioner is eligible for appointment to the Post of Lecturer in Collegiate Education.

4. The learned Additional Advocate General brought to the notice of this Court, the University is not competent to issue any such equivalence certificate in respect of the qualification to be fixed for recruitment to the Post of Lecturer under the Directorate of Collegiate Education. In this regard, the Government had set up a committee to examine the course and degree offered by various universities for the purpose of appointment in public service. The Government accordingly direct that a Equivalence Committee under the Chairmanship of the Chairman, Tamil Nadu Public Service Commission with Members constituted for the said purpose, to convene the meeting once in a year as and when its need arises and will send the committee's recommendations to the Government. The Government then examine the committee's recommendation and issue necessary equivalence order through a Government order.

For the purpose of recruitment, the Teachers Recruitment Board shall consider all subjects for which Equivalence Government Order has already been issued before last date for application. The Government has further declared that the degree of M.Sc.,(Computer Communication is not equivalent to the degree of M.Sc.,(Computer Science). Thus, for the purpose of recruitment to the Post of lecturer in the Department of Collegiate Education, the State Government has declined the equivalence in respect of M.Sc.,(Computer Communication). Accordingly, the writ petitioner is not eligible for appointment to the Post of Lecturer under the Department of Collegiate Education in the State of Tamil Nadu. Thus, no further adjudication needs to be

undertaken on the grounds raised in this writ petition in this regard. Since, the eligibility is not accepted by the State Government,under the Rules, the other merits in this writ petition needs no further consideration.

5. Accordingly, the writ petition stands dismissed. However, there is no order as to costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS-II ) //True Copy// Sub Assistant Registrar kak To

1. The Principal Secretary to Government, Higher Education Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai - 9.

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

+ 1 cc to Mr.N. Subramani, Advocate Sr.58481 + 1 cc to Government Pleader Sr.58509 W.P.No.1950 of 2015 SV(CO) Eu 13.09.17