K.Parameswari v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.22802 of 2021 and W.M.P.No.24027 of 2021 K.Parameswari ... Petitioner /vs/
1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Thanjavur District, Thanjavur.
4. The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
5. The Dean, National Institute of Technology, Trichy - 16.
... Respondents Writ Petitions are filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents 2 to 3 to issue posting order to the petitioner on appointment to the post of P.G.Assistant (Chemistry) in pursuant to the provisional Selection List issued by the 4th respondent dated 18.12.2020 in consideration of equivalence of M.Sc.(Applied chemistry) obtained from 5th Respondent National Institute of Technology, Trichy with all consequential and other attendant benefits within a time frame to be fixed by this court. For Petitioner ... Mr.S.Neduchezhiyan For Respondents ... Mr.M.Rajendran Additional Govt. Pleader for R1 to R3 Mr.R.Siddharath Standing Counsel for TRB for R4 Mr.K.Srinivasamurthy SPCCG for R5
ORDER
The petitioner who got selected for the post of P.G.Assistant by the fourth respondent has filed this Writ Petition seeking writ of mandamus to direct the second and third respondent to issue posting order to her pursuant to the selection made by the fourth respondent.
2. The petitioner had studied M.Sc, (Applied Chemistry) degree obtained a degree certificate from the fifth respondent. She had applied to the post of P.G.Assistant (Chemistry) and. The fifth respondent has stated in his counter that the M.Sc, (Applied Chemistry) degree secured from their institute would come under the Central Universities is equivalent to M.Sc, (Chemistry) degree secured in Tamil Nadu State Universities. However the third respondent has stated that the educational qualification of M.Sc, (Applied Chemistry) degree is not equivalent to M.Sc (Chemistry) degree sponsored by the Tamil Nadu State Universities. So far, the petitioner was not given with any reason as to why posting order was not released to her. In the counter filed by the third respondent, it is stated that only in view of the lack of equivalence, posting orders are not released to the petitioner.
3. In the notification itself it is stated that the subject equivalence should be obtained as per the Government Order issued by the Government of Tamil Nadu. As per G.O.Ms.No.102 Higher Education (J2) Department dated 02.05.2016, M.Sc., (Applied Chemistry) degree awarded by the fifth respondent is not equivalent to M.Sc (Chemistry) degree awarded by Tamil Nadu State Universities.
4. In such case, I feel that the third respondent to pass an order on the representation of the petitioner and dispose it in accordance with law.
5. Accordingly, the petitioner is directed to give a fresh representation in this regard to the third respondent and on receipt of the same, the third respondent is directed to consider and pass orders in accordance with law, within a period of six weeks from the date of representation of the petitioner.
6. With the above directions, this Writ Petition is disposed. No costs. Connected miscellaneous petition is closed.
24.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn To:
1. The Principal Secretary to Government, Government of Tamil Nadu, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Thanjavur District, Thanjavur.
R.N.MANJULA ,J.
bkn W.P. No.22802 of 2021 24.01.2024