R.Hema Maalini v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No. 20544 of 2024 R.Hema Maalini ... Petitioner Vs

1. The Government of Tamil Nadu, Represented by Secretary to Government, Department of Higher Education, Secretariat, Chennai - 600 009.

2. The Chairman, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr. MGR Centenary Building, DPI Complex, College Road, Chennai - 600 006.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to declare that B.E. Degree acquired by the petitioner is equivalent to B.Sc., Physics Degree and thereby declare the petitioner is fully qualified for 1/7

selection and appointment as Graduate Teacher-Physics and based on her ranks and other eligibility conditions and issue appropriate orders to appoint the petitioner herein as Graduate Teacher-Physics and confer her all consequential benefits.

For Petitioner : Mr. M.Ravi For Respondents : Mr. R.Neethiperumal, Government Advocate (for R1) Mr. R.Siddharth, Standing Counsel (for R2)

O R D E R

The Writ Petition has been filed for directing the respondents herein to declare that B.E. Degree acquired by the petitioner is equivalent to B.Sc., Physics Degree and declare the petitioner is fully qualified for selection and appointment as Graduate Teacher-Physics.

2. The petitioner was qualified with B.E. (ECE). As per the Notification dated 26.06.2019 for admission to B.Ed., the eligibility and education qualification that all B.E. / B.Tech graduates irrespective of their branch in Engineering/technology are eligible to study either mathematics 2/7

or physical science. Therefore, the petitioner had joined in B.Ed., course and the same was completed. The petitioner is also qualified with Tamil Nadu Teacher Eligibility Test. While that being so, the second respondent issued Notification No.3 of 2023 dated 25.10.2023 for direct recruitment to the post of Graduate Teachers/Block Resource Teachers Educators, 2023. The petitioner applied for the said post and she was issued hall ticket to appear for return Competitive Examination. The petitioner secured 95 marks and she was short listed for certificate verification. During the certificate verification, the petitioner had produced all certificates on 01.06.2024. However, she was not selected to that post on the ground that the petitioner is not eligible to apply for the teacher post in the Graduate Teacher-Physics.

3. The learned counsel for the petitioner submitted that B.E. degree is equivalent to B.Sc., (Physics). Therefore, the petitioner was permitted to do her B.Ed., degree As per the Government Order in G.O. Ms. 169, Higher Education (G1) Department dated 26.06.2019 that B.E. degree holder is construed to be equivalent to B.Sc., Mathematics or B.Sc., Physics. Therefore, she was eligible to secure admission in B.Ed., Mathematics or 3/7

B.Ed., Physical Science. Therefore, B.E. degree is equivalent to B.Sc., Physics degree and the petitioner can be appointed to the post of Graduate Teacher-Physics.

4. On a perusal of G.O. (Ms). 270, Higher Education (J1) Department dated 03.12.2019, it reveals that B.E. degree in any discipline with B.Ed., is eligible to teach from 6th Standard to 8th Standard in the post of B.T. Assistant (Mathematics). However, there is no equivalent to say that B.E. is equivalent to B.Sc., Physics or Mathematics. The said Government Order was issued only to pursue B.Ed., decree. If does not mean that B.E. degree is equivalent to B.Sc., Physics or Mathematics.

5. On a perusal of the Notification dated 25.10.2023, it reveals that the candidates claiming equivalence of educational qualification to the prescribed educational qualification should upload and submit evidence for their claim in the form of equivalence Government Orders. Those who have applied for their equivalence Government Orders should submit their equivalence Government Order at the time of Certificate Verification, 4/7

failing which their candidature will be summarily rejected after due process.

6. Admittedly, the petitioner failed to produce any equivalence order issued by the Equivalence Committee. That apart, this Court is not an expert to declare that B.E. degree is equivalent to B.Sc., Physics or Mathematics. Therefore, this Writ Petition is devoid of merits and it is liable to be dismissed.

7. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 10.07.2024 Index:Yes/No kv 5/7

To

1. The Secretary to Government, The Government of Tamil Nadu, Department of Higher Education, Secretariat, Chennai - 600 009.

2. The Chairman, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr. MGR Centenary Building, DPI Complex, College Road, Chennai - 600 006.

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G.K.ILANTHIRAIYAN, J.

kv 10.07.2024 7/7