M.Nagarathna v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.Nos.16564, 19795 of 2019 & 791 of 2022 M. Nagarathna ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by its Director of School Education, College Road, Chennai - 600 006.
2.The District Education Officer, Sathyamangalam Taluk, Erode District - 638 461.
3.The Block Elementary Education Officer, Thalavadi Panchayat Union, Thalavadi, Erode District - 638 461.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order bearing Ref. No.Aa. Thi. Mu En.2200/A4/2019 dated 12.05.2019 signed on 11.06.2019 passed by the second respondent in evaluating the petitioner's degree and to quash the same and consequently direct the second and third respondents to consider and promote the 1/6
petitioner to the post of B.T. Assistant in Mathematics for the 2019-2020 panel or subsequent panel under the 50% quota reserved for lower scale of pay within a time frame to be fixed by this Court. [Prayer has been amended vide order dated 10.02.2023 of this Court in WMP.No.19793 of 2019 in WP.No.17000 of 2019] For Petitioner : Mr.V. Govardhanan For Respondents : Mr.D. Gopal, Government Advocate
ORDER
The petitioner who holds a degree in B.Sc. from the University of Mysore, was appointed to the post of Secondary Grade Teacher by the third respondent herein on 08.11.2014. When she had sought for genuinity of her educational certificates before the third respondent herein, the same came to be returned on 11.06.2019, for compliance of certain queries raised therein. Challenging the same, the present Writ Petition has been filed.
2. As per the remarks made by the third respondent herein dated 11.06.2019, the petitioner was called upon to enclose a genuinity of her 10th Qualification Certificate; the Government Order for recognition of B.Sc. 2/6
Mathematics Degree Certificate; and the valuation of the Degree Certificate should be made in the required form.
3. The learned counsel for the petitioner had produced copies of the petitioner's B.Sc Degree Certificate together with Marks Statement obtained by her in Bachelor of Science from the University of Mysore along with a Letter dated 24.06.2015 from the University of Mysore, certifying that the petitioner was a Full Time regular student; G.O.(Ms).No.51, Social Welfare and Nutritious Meal Programme (SW1) Department, dated 14.07.2015, which is an extract of the report of the Equivalence Committee, certifying that B.Sc. Degree obtained from the University of Mysore is equivalent to Corresponding Degree of Madras University; a letter of University of Madras dated 14.11.2017, certifying that the petitioner's B.Sc. Degree in Mathematics is considered as equivalent to the Degree of the University of Madras and together with all other relevant documents.
4. Perusal of these documents would reveal that the Degree obtained by the petitioner from the University of Mysore could be equivalent with all the Degree granted by the University of Madras also. 3/6
5. In the impugned proceedings, the third respondent was only asked to call upon the petitioner to enclose the necessary documents, together with compliance of the other queries raised.
6. Since the petitioner is in possession of all the required documents which evidences that her Degree from the University of Mysore is equivalent to the Degree granted by the University of Madras, this Court is of the view that the petitioner can be granted liberty to represent the application in the required format to the third respondent herein, enclosing all the relevant documents. The third respondent in turn, shall forward the petitioner's application to the second respondent within a period of one (1) week from the date of receipt of the petitioner's application and the second respondent shall consider the same within a period of four (4) weeks from the date of receipt of the application from the third respondent.
7. Since the proceedings impugned in the present Writ Petition only remarks for returning the application, no interference is required for the same.
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8. Accordingly, the Writ Petition stands disposed of. No costs. Connected miscellaneous petitions are closed. 10.02.2023 Speaking/Non-speaking Order Index: Yes/No Internet: Yes/No Sni To 1.The Director of School Education, Government of Tamil Nadu, College Road, Chennai - 600 006.
2.The District Education Officer, Sathyamangalam Taluk, Erode District - 638 461.
3.The Block Elementary Education Officer, Thalavadi Panchayat Union, Thalavadi, Erode District - 638 461.
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M.S.RAMESH,J.
Sni 10.02.2023 6/6