Dinesh.G.K v. The Tamilnadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.18673 of 2020 1.

Dinesh, G.K.

2.

Vignesh Kumar, M.

3.

Suganthi, R.

4.

Sethupathi, N.

5.

Ramya, A.

6.

Priyatharshini, S.

7.

Poornima, R.

8.

Poornachandhra, C.

9.

Karthika, S.

10.

Gokul Kannan, T.

11.

Ezra John, J.

... Petitioners Vs.

1.

Tamil Nadu Pollution Control Board, rep. By its Member Secretary, No.7, Mount Salai, Guindy, Chennai 600 032.

2.

The Tamil Nadu State Council for Higher Education, rep. By its Member Secretary, Lady Willington College Campus, Kamarajar Salai, Chennai 600 005.

3.

The Tamil Nadu Agricultural University, rep. by its Registrar, Lawley Road, Coimbatore - 641 003.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st Respondent to consider the Petitioner's qualification as equivalent to the prescribed qualification as per the Notification No.02/2019 dated 05.03.2020 of the 1st Respondent and consider the candidature of the Petitioners for the post of Environmental Scientist.

For Petitioners :

Mr.A.M.Natraj For Respondents :

Mr.P.H.Arvindh Pandian, Addl. Advocate General assisted by Mr.C.Kasirajan, for R1 Mr.S.Karthikeibalan, for R2 Government Advocate

O R D E R

Petitioners have come up with this Writ Petition seeking a direction to the 1st Respondent to consider their qualification as equivalent to the prescribed qualification as per the Notification No.02/2019 dated 05.03.2020 of the 1st Respondent and consider their candidature for the post of Environmental Scientist.

2.

Heard the learned counsel on either side and perused the material documents available on record.

3.

It is seen that, the Government has issued G.O.(Ms) Nos.29 and 30 Higher Education (K1) Department, dated 09.02.2021 with regard to the eligibility of candidates to apply for the post of Assistant Engineer/Environmental Scientist and has also recommended the relevancy/non-relevancy of qualification for the said post. Since the Government has prescribed qualification for the said post, this Court is of the view that, there is no hurdle for the Tamil Nadu Pollution Control Board to proceed with the recruitment process in accordance with law and appoint candidates, without any further delay. It is made clear that, in case, any candidate is aggrieved by the aforesaid Government Orders, it is open to them to challenge the same in accordance with law.

4.

As far as the Petitioners herein are concerned, since they have obtained Equivalence Certificate, the 1st Respondent is directed to consider their candidature for direct recruitment to the post of Environmental Scientist, if they are otherwise found eligible.

With the above direction and observation, this Writ Petition stands disposed of. No costs. Consequently, connected W.M.P.Nos.23183, 23185 and 24336 of 2020 are closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar

(aeb) To:

1.The Member Secretary, Tamil Nadu Pollution Control Board, No.7, Mount Salai, Guindy, Chennai 600 032.

2.The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willington College Campus, Kamarajar Salai, Chennai 600 005.

3.The Registrar, Tamil Nadu Agricultural University, Lawley Road, Coimbatore - 641 003.

+1cc to the Government Pleader SR.13165 W.P.No.18673 of 2020 PMK(CO) CB(24/03/2021)