R. Senthamizh Selvi v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28846 of 2015 R.Senthamizh Selvi ... Petitioner Vs.

Government of Tamil Nadu Rep. by its Secretary Higher Education Department Fort St.George Chennai - 600 009.

...Respondent

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation dated 02.06.2014 preferred by the petitioner as against the order dated 06.09.2013 passed by the Chief Educational Officer Kancheepuram and to pass orders thereon on merits and in accordance with law within a time limit that may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.Vijayan For Respondent : Mr.V.Subbiah Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner after completion of B.Sc.,Ed., Degree in Physics, Chemistry and Mathematics in the year 1991 as a four year course also completed M.Sc., Chemistry through Central University at Hyderabad and was appointed as Teacher Educator, Block Resource Centre (SSA) in the cadre of B.T.Assistant by the Teachers Recruitment Board and was posted at Block Resource Centre (SSA),

Tiruporur Block, Kanceepuram District and according to her, the Registrar of Madras University by a communication dated 21.06.2011 has also informed the petitioner that the B.Sc.,Ed., completed by the petitioner is equivalent to corresponding degree awarded by the University of Madras.

3.It is also stated that the District Educational Officer, Chengalpet by a proceedings dated 06.06.2012 has informed the petitioner that the basic degree obtained by the petitioner from the University of Mysore as well as the Masters Degree obtained from the Central University of Hyderabad are evaluated and found to be equivalent to the degrees conferred in the State of Tamil Nadu and so also the University Grants Commission in its communication dated 06.01.2013 has notified that Masters Degree warded by a statutory university, including the University of Hyderabad and Madras University are valid and recognised degrees for employment and higher education. The petitioner has submitted a representation dated 22.05.

2013 praying for award of one incentive increment for having completed Master's Degree through Central University at Hyderabad as per G.O.Ms.No.1023, Education, Science and Technology Department dated 09.12.1993 and since no orders came to be passed, filed W.P.No.20770 of 2013 praying for issuance of Writ of Mandamus to pass appropriate orders and vide order dated 30.07.2013, the Chief Educational Officer, Kancheepuram was directed to pass appropriate orders on the petitioner's representation and it was rejected on 06.09.2013 and challenging the same, the petitioner filed appeal before the respondent on 02.06.2014 and though nearly one year had lapsed, the appeal is yet to be disposed of and hence, came forward to file this writ petition.

4.Heard the submissions of Mr.S.Vijayan, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondent. 5.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's appeal memorandum on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6.The writ petition is disposed of accordingly. No costs. -Sd/- Assistant Registrar(co) //True copy// pri To The Secretary Higher Education Department Fort St.George Chennai - 600 009..

+1 cc to Mr.Muniyappan,Advocate(sr.50031) +1 cc to Government Pleader (sr.50278) W.P.No.28846 of 2015 mg(co) cp 30/09/2015