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Madras High CourtWP/16206/2018dismissed

M.Agalya, v. Government Of Tamilnadu,

2024-11-28Honourable Mr Justice Battu Devanand7 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 28.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND and WMP.Nos.19290 & 19291 of 2018 M.Agalya ...

Petitioner Vs 1.Government of Tamil Nadu Rep.by its Secretary, Department of Higher Education, Fort St.George, Chennai - 9.

2.The Secretary, The Department of Agriculture, Govt. of Tamil Nadu, Fort St.George, Chennai - 9.

3.Tamil Nadu Public Service Commission, Rep.by its Secretary, Frazer Bridge Road, (Near Govt. Dental College), Chennai - 3.

4.Anna University, Rep.by its Vice Chancellor, College of Engineering Guindy Campus, Guindy, Chennai - 25.

5. The Chief Engineer, Department of Tamil Nadu Engineering, Service, 487, Anna Salai, Nanadam, Chennai - 35.

...

Respondents 1/7

PRAYER: The writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the proceedings dated 21.06.2018 of the third respondent, quash the same in so far as not including the petitioner name in the list of eligible persons for attending the oral test to be held on 03.07.2018 on the ground that she is not qualified as per the norms mentioned in the recruitment notification and for a direction to the 3rd respondent to include her name in the list of eligible candidates for attending the oral test on 03.07.

2018 and also to consider her for selection and appointment to the post of Assistant Engineer (Agricultural Engineering) in Tamil Nadu Agricultural Engineering Service based on the total marks and to appointment her to the said post, Award costs. For Petitioner ... Ms.H.Nandhini For Respondent ... Mr.C.Jayaprakash No.1 For Respondent ... Ms.R.L.Karthika Nos.2 & 5 Government Advocate For Respondent ... Mr.I.Abrar Mohamed Abdullah No.3 For Respondent ... Mr.V.Meenakshi Sundaram No.

ORDER

This writ petition has been filed to call for the records pertaining to the proceedings dated 21.06.2018 of the third respondent, quash the same in so far as not including the petitioner name in the list of eligible persons for attending the oral test to be held on 03.07.2018 on the ground that she is not qualified as per the norms mentioned in the recruitment notification and for a direction to the 3rd respondent to include her name in the list of eligible candidates for attending the oral test on 03.07.2018 and also to consider her for selection and appointment to the post of Assistant Engineer (Agricultural Engineering) in Tamil Nadu Agricultural Engineering Service based on the total marks and to appoint her to the said post.

2.The only issue is considered in this writ petition is, whether B.E (Agricultural and Irrigation Engineering) degree offered by the Anna University is equivalent to B.Tech (Agricultural Engineering) degree offered by the Tamil Nadu Agricultural University or not. 3.Admittedly, the petitioner possessed B.E. (Agricultural and 3/7

Irrigation Engineering) Degree. Whether these two degrees are equivalent or not is not considered in the G.O.(Ms).No.271, Higher Education (J1) Department, dated 03.12.2019. 4.In view of the same, during the pendency of this writ petition, this Court by its order dated 10.09.2024 directed the second respondent to submit clarification in consultation with the Expert Committee constituted in this regard, whether the B.E. (Agricultural and Irrigation Engineering) degree offered by the Anna University is equivalent to B.Tech (Agricultural Engineering) degree offered by the Tamil Nadu Agricultural University or not.

5.In response to the same, the learned Government Advocate appearing for the respondent No.1 has placed a copy of G.O.(Ms).No.208, Higher Education (J1) Department, dated 27.11.2024. 6.On perusal of the abovesaid G.O., it appears that the 29th 4/7

Equivalence Committee, in its meeting held on 20.11.2024, passed a resolution stating that these two degrees are not equivalent. A copy of the said G.O. is placed on record.

7.In view of the above factual position, as the competent authority has decided these two degrees are not equivalent, in the considered opinion of this Court, nothing survives in the present writ petition for further adjudication and accordingly, it is liable to be dismissed. 8.For the above reasons, this writ petition is dismissed. However, it is open to the petitioner to challenge the G.O.(Ms).No.208, Higher Education (J1) Department, 27.11.2024, if so aggrieved and advised in proper forum in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed. Internet:Yes/No 28.11.2024 Index:Yes/No sms To 1.Government of Tamil Nadu Rep.by its Secretary, Department of Higher Education, 5/7

Fort St.George, Chennai - 9.

2.The Secretary, The Department of Agriculture, Govt. of Tamil Nadu, Fort St.George, Chennai - 9.

3.Tamil Nadu Public Service Commission, Rep.by its Secretary, Frazer Bridge Road, (Near Govt. Dental College), Chennai - 3.

4.Anna University, Rep.by its Vice Chancellor, College of Engineering Guindy Campus, Guindy, Chennai - 25.

5. The Chief Engineer, Department of Tamil Nadu Engineering, Service, 487, Anna Salai, Nanadam, Chennai - 35.

BATTU DEVANAND,J.

sms 6/7

and WMP.Nos.19290 & 19291 of 2018 28.11.2024 7/7