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Madras High CourtWP/17050/2024disposed of

Nerosha Begum, v. State Of Tamilnadu,

2024-06-27Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.18794 of 2024 Nerosha Begum ... Petitioner Vs.

1.State of Tamil Nadu, Rep by its Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

2.State of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

3.Teachers Recruitment Board, Rep by its Chairman, 4th Floor, EVK Sampath Road, DPI Complex, Chennai - 600 006.

4.Tamil Nadu Public Service Commission, Rep by its Chairman, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

... Respondents Page No. 1 of 6

Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to treat the petitioner's degree of B.Tech (Biotechnology) as equivalent to B.Sc(Botany) for the post of Block Resource Teacher Educator (BRTE) with all consequential and other attendant benefits.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.R.Kumaravel for R1 Mrs.S.Mythreye Chandru Special Government Pleader for R2 Mr.R.Siddharth Government Advocate for R3 Mrs.Hema for R4

ORDER

The writ petition is filed for a direction to the respondents to treat the petitioner's degree of B.Tech (Biotechnology) as equivalent to B.Sc (Botany) for the post of Block Resource Teacher Educator (BRTE) with all consequential and other attendant benefits.

Page No. 2 of 6

2. Admittedly, as per the Notification, B.Sc (Botany) degree is only an essential qualification. It is the contention of the petitioner that while undergoing an Engineering education, he has studied the paper on Plant Biotechnology and B.Sc (Plant Bio-technology) has been declared to be equivalent as B.Sc (Botany). Therefore, she should also be considered. At the outset, an engineering degree cannot be equated to an Science degree of B.Sc (Botany). The petitioner has not got any equivalence certificate from the Competent Authority in her favour. Therefore, the prayer in the writ petition cannot be granted.

3. However, the petitioner had made a representation to the appropriate Authority to consider the equivalence of the courses. If some order is passed in her favour, thereafter, only the rights of the petitioner will accrue.

4. In view thereof, this Writ Petition is disposed of on the following terms:- (i) The prayer of the petitioner is to direct the respondents to treat the petitioner's degree as B.Tech (Biotechnology) as equivalent to B.Sc (Botany) for the post of Page No. 3 of 6

Block Resource Teacher Educator (BRTE) with all consequential and other attendant benefits shall stands rejected.

(ii) There shall be a direction to the first respondent to consider the representation of the petitioner dated 05.06.2024, in accordance with law and pass orders thereon, within a period of four months from the date of receipt of a copy of this order.

(iii) No costs. Consequently, connected writ miscellaneous petition is closed.

27.06.2024 jas Page No. 4 of 6

To 1.State of Tamil Nadu, Rep by its Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

2.State of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

3.Teachers Recruitment Board, Rep by its Chairman, 4th Floor, EVK Sampath Road, DPI Complex, Chennai - 600 006.

4.Tamil Nadu Public Service Commission, Rep by its Chairman, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

Page No. 5 of 6

D.BHARATHA CHAKRAVARTHY, J.

jas and W.M.P.No.18794 of 2024 27.06.2024 Page No. 6 of 6