S.Haseni Shabana Begum v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.19158 of 2021 S.Haseni Shabana Begum ... Petitioner Vs.
1. The Secretary, Department of Higher Education, Secretariat, Fort St.George, Tamil Nadu , Chennai-600 009.
2. The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willington College Campus, Kamarajar Salai, Chennai-05.
3. The Registrar, University of Madras, Chepauk, Chennai-05.
4. The Member Secretary, Teachers Recruitment Board, E.V.K. Sambath Maaligai, DPI Campus, College Road, Chennai-06.
5. The Chief Educational Officer, Office of the Chief Educational Officer, Gengureddy Salai, Egmore, Chennai-08 ... Respondents 1/6
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation vide my letter dated 30.12.2020 to issue certificate declaring that B.Sc. Computer science and technology awarded by the University of Madras is equivalent to B.Sc. Computer Science.
For Petitioner : Mr.B.Thiyagarajan For Respondents : Mrs.C.Meera Arumugam, Additional Government Pleader (for R5);
No Appearance (for R2);
Mr.M.Arun Kumar (for R3);
Mr.C.Kathiravan, Special Government Pleader (for R4);
Mr.D.Ravichander, Special Government Pleader (for R1).
ORDER
Equivalency certificate in respect of the Degrees, granted by various Universities, have to be granted in accordance with the Government orders in force. Therefore the second respondent cannot declare or grant Equivalency certificate in respect of the degrees granted by the 2/6
Universities.
2. The petitioner seeks a declaration that B.Sc. Computer Science and Technology, awarded by the University of Madras, is equivalent to B.Sc. Computer Science. Such equivalency is to be considered by the Government based on the recommendations of the Committee, if any. The Committee constituted is empowered to scrutinise the subjects prescribed for various Degrees by the Universities across the country and the recommendations if accepted by the Government, an order will be issued, and in the presence of such orders of the Government, equivalency of Degrees are to be granted.
3. Thus, the High Court, not being the expert body, is not expected to grant such equivalency by exercising the powers of the judicial review under Article 226 of the Constitution of India. Only in the event of an order of the Government, which is to be passed based on the Committees recommendation, the High Court has to consider the issues.
4. In the present case, no such Government Order has been produced by the petitioner and therefore, the relief as such sought for cannot be granted.
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5. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
09.02.2024 Index : Yes Speaking Order (sha) 4/6
To
1. The Secretary, Department of Higher Education, Secretariat, Fort St.George, Tamil Nadu , Chennai-600 009.
2. The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willington College Campus, Kamarajar Salai, Chennai-05.
3. The Registrar, University of Madras, Chepauk, Chennai-05.
4. The Member Secretary, Teachers Recruitment Board, E.V.K. Sambath Maaligai, DPI Campus, College Road, Chennai-06.
5. The Chief Educational Officer, Office of the Chief Educational Officer, Gengureddy Salai, Egmore, Chennai-08 5/6
S.M.SUBRAMANIAM . J., (sha) 09.02.2024 6/6