K.Malar v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR K.Malar ... Petitioner Vs.

1. The Secretary to Government, Education Department, Fort St.George, Chennai - 600 009.

2. The Chairman, Teachers Recruitment Board, EVK Sampath Maaligai, College Road, Chennai - 6.

... Respondents Prayer: Review Application filed under Order 47 Rule 1 of CPC to review the order dated 09.03.2020 in WP.No.25677 of 2008. For Petitioner : Mrs.A.L.Ganthimathi for M/s.S.A.Kanmani For R2 : Mr.R.Neelakandan, Additional Advocate General assisted by Mr.C.Kathiravan For R1 : Mr.T.M.Rajangam

O R D E R

This Review Application has been filed seeking review of the order dated

09.03.2020 passed by this Court in W.P.No.25677 of 2008.

2. The said Writ Petition was dismissed by a learned Judge on the ground that the petitioner failed to produce the equivalence certificate to treat the M.Sc., (Applied Science having Applied Mathematics) possessed by the petitioner as equivalent to the M.Sc., (Mathematics) before the respondent/ Recruitment Board.

3. This Review Application has been filed on the ground that the M.Sc., (Applied Mathematics) was treated as equivalent to the M.Sc., (Mathematics) by virtue of Government Order issued by the Government in G.O (Ms) No.58, Higher Education (K2) Department, dated 15.04.2013 much prior to the disposal of the Writ Petition.

4. As the said Government Order could not be produced at the time of disposal of the Writ Petition, the Writ Petition was dismissed. Hence, the learned counsel for the petitioner submitted that the order under review is liable to be reviewed and the petitioner should be treated as qualified for the post of 'Lecturer' in question.

5. This Court after having perused the entire material on record, is unable to accept the contention of the learned counsel for the petitioner for the reason that the equivalence certificate came to be issued only on 15.04.2013 by issuing G.O (Ms) No.58, Higher Education (K2) Department, dated 15.04.2013, i.e., much after the recruitment notification.

6. Admittedly, as on the date of submission of application by the petitioner for the post of 'Lecturer', there was no equivalence certificate possessed by the petitioner. In the absence of any equivalence certificate produced by the petitioner before the respondent/ Recruitment Board, the respondent/ Recruitment Board cannot be found fault for having rejected the candidature of the petitioner.

7. Furthermore, the degree that is possessed by the petitioner is M.Sc., (Applied Science having Applied Mathematics). Under G.O (Ms) No.58 dated 15.04.2013, it is only the M.Sc., (Applied Mathematics) was treated as an

equivalent to M.Sc., (Mathematics), but not the degree possessed by the petitioner.

MUMMINENI SUDHEER KUMAR, J.

skr

8. In view of the same, this Court does not see any ground to review the order dated 09.03.2020 passed by this Court in W.P.No.25677 of 2008. Accordingly, the Review Application is dismissed. There shall be no order as to costs.

30.08.2024 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Secretary to Government, Education Department, Fort St.George, Chennai - 600 009.

2. The Chairman, Teachers Recruitment Board, EVK Sampath Maaligai, College Road, Chennai - 6.