V.Kalamegakannan v. The Teachers Recruitment Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2020 CORAM :

THE HON'BLE MR.AMRESHWAR PRATAP SAHI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.Nos.3812, 1752, 3250, 3251, 3342, 3345, 3351, 3355, 3535, 3538, 3539, 3543, 3544, 3545, 3548, 3644, 3647, 3648, 3649, 3652, 3653, 3655, 3658 and 3661 of 2019 and C.M.P.Nos.11868, 21444, 21486, 21516, 22725, 22747, 22750, 22757, 22770, 22776, 22797, 23283, 23285, 23286, 23287, 23288, 23290, 23292, 23294 and 23302 of 2019 1 V.KALAMEGAKANNAN ... PETITIONER in WA No.3812 of 2019 1 R.SURESH 2 V.ELAVARASAN 3 T.IIAYARAJA 4 K.SARATHAMANI 5 M.KANDHAPPAN 6 J.JAYAKANTH 7 D.SUNDARAMURTHI 8 K.S.KARTHIKEYAN 9 G.PREMANTH 10 P.BHARATHI 11 J.PAPATHI 12 B.JEYAKANNAN 13 E.SIVAKUMAR 14 A.KASIMANI

15 J.SIVAKUMAR 16 K.ANBU 17 I.AROCKIAM 18 K.MAHARAJAN 19 B.NATARAJAN 20 G.SENTHILKUMAR 21 T.DINESH KUMAR ... PETITIONERs in WA No.1752 of 2019 1 E.THILAGAVATHI 2 S.SAKTHIVEL 3 R.SANGEEDHA 4 C.MAGESH 5 S.SIVANESWARI ... PETITIONERs in WA No.3250 of 2019 1 K.KUMAR 2 M.DHINAKARAN 3 S.DHANASEKAR ... PETITIONERs in WA No.3251 of 2019 1 E.GANESH ... PETITIONER in WA No.3342 of 2019 1 S. BABU ... PETITIONER in WA No.3345 of 2019 1 T.SARASWATHI ... PETITIONER in WA No.3351 of 2019 1 R.VIJAYAKUMAR ... PETITIONER in WA No.3355 of 2019 1 S.KARTHICK ... PETITIONER in WA No.3535 of 2019 1 R.KUMAR ... PETITIONER in WA No.3538 of 2019 1 P.MANIKANDAN ... PETITIONER in WA No.3539 of 2019 1 P.GOVINDASAMY ... PETITIONER in WA No.3543 of 2019 1 A.REKHA ... PETITIONER in WA No.3544 of 2019 1 R. SUGUNA ... PETITIONER in WA No.3545 of 2019

1 G.SANKAR ... PETITIONER in WA No.3548 of 2019 1 S.VANATHI ... PETITIONER in WA No.3644 of 2019 1 S.SOMASUNDRAM ... PETITIONER in WA No.3647 of 2019 1 G.MURUGARAJAN ... PETITIONER in WA No.3648 of 2019 1 P.NAVEEN ... PETITIONER in WA No.3649 of 2019 1 S.SRIDHARAN ... PETITIONER in WA No.3652 of 2019 1 S.JAYASHEELI ... PETITIONER in WA No.3653 of 2019 1 S. THIRUNAVUKARASU ... PETITIONER in WA No.3655 of 2019 1 B. ASOKAN ... PETITIONER in WA No.3658 of 2019 1 R.SENTHIL MURUGAN ... PETITIONER in WA No.3661 of 2019 Vs

1. The Teachers Recruitment Board, rep. by the Chairman, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 600 006.

..R1 in W.A.Nos.3812/2019, 3535, 3538, 3539, 3543, 3544, 3545, 3548, 3644, 3647, 3648, 3649, 3652, 3653, 3655, 3658 & 3661/2019 ..R3 in W.A. 1752/2019, 3251, 3342/2019, 3345/2019, 3351/2019, 3355/2019.

2. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

.. R2 in all W.As

3. The Principal Secretary to Government School Education Department Secretariat, Fort. St. George Chennai ..R1 in W.A.

1752/2019, 3251/2019, 3242/2019, 3345, 3351, 3355/2019.

4. The Member Secretary Teachers Recruitment Board DPI Campus, College Road Chennai 6.

..R1 in W.A.Nos.3250/2019

5. The Regional Director National Council of Teachers Education(NCTE) Jnanabharathi Campus Main Road Nagarbhavi, Bangaluru ..R3 in W.A. 3535/2019, 3539/2019, 3543/2019, 3544/2019, 3545/2019, 3548/2019.

Prayer: Appeal under clause 15 of the Letters Patent against the order of the Court in W.P. Nos. 30129/2018, 5077/2019, 29868/2018, 6346/2019, 28776, 27477, 27598, 27599, 28652, 28575, 28662, 28664, 28649, 28654, 28659, 29038, 29029, 28598, 28550, 29022, 29034, 29025, 28567 & 28585/2018 dated 27.02.2019. W.P. 30129/2018, 29038, 29029, 29022, 29034, 29025, 28567, 28585, 28575, 28598 & 28550/2018:

Calling for records pertaining to the impugned provisional selection list for direct recruitment of Special Teachers for the year 2012-16 in respect of Physical Education Teachers published by the 1st Respondent dated 12.10.2018 and consequential order of rejection of the candidature of the Petitioner with remarks as Does not process required qualification published in the website of the Respondent No.1 on 12.10.2018 and quash the same and consequently to direct the Repondent No.1 to select and appoint the Petitioner to the post of Special Teacher(Physical Education) by calling the petitioner for counseling within the time stipulated by this Honble Court WP No.

5077 of 2019 Consider the pettitoners for selection and appointment to the post of Physical education teacher based on the Notification No 05/2017 dated 26-7-2017 issued by 3rd respondent as per the marks secured by the petitioners in the selection in the respective reserved category by taking into consideration of certificate of Physical education (CPED) and Diploma of Physical education(DPED) as eligible qualification with all consequential and other attendant benefits within a time frame to be fixed by this Honble court WP No.29868 of 2018 Calling for the records pertaining to the impugned Provisional Selection List dated 12.10.2018 as per the Notification No.05/2017 dated 26.07.

and quash consequently directing the 1st respondent to select and appoint the petitioner to the post of Special Teachers (Physical Education) by calling the petitioners within the time stipulated by this Honble Court WP No.6346 of 2019 Directing the respondents to consider the Petitioners for selection and appointment to the post of Physical Education Teacher based on the Notification No.05/2017 dated 26/07/2017 issued by 3rd respondent, as per the marks secured by the petitioners in the selection in the respective reserved category by taking in to consideration of Certificate of Physical Education (C.P.ED.,) and Bachelor of Physical Education (B.P.E.,) as eligible qualification with all consequential and other attendant benefits, within a time frame to be fixed by this Honorable Court.

WP No.28776 of 2018 To call for the records relating to the impugned communication issued by the 3rd respondent in No. Nil dated 12.10.2018 and to quash the same and consequently directing the respondents to select and appoint the petitioner to the post of Physical Education Teacher in School Education under MBC category based on the marks secured by the petitioner and on par with juniors with referenece to date of birth, with all consequential benefits WP No.27477 of 2018 To call for the records relating to the impugned communication issued by the 3rd respondent in No. Nil dated 12.10.

2018 and to quash the same and consequently directing the respondents to select and appoint the petitioner to the post of Physical Education Teacher in School Education based on the marks secured by the petitioner in the written examination (71 marks) and Certificate Verification (5 marks) under General Turn category or Most Backward Class category WP No.27598 of 2018 To call for the records relating to the impugned communication issued by the 3rd respondent in No. Nil dated 12.10.

WP No.27599 of 2018 To call for the records relating to the impugned communication issued by the 3rd respondent in No. Nil dated 12.10.2018 and to quash the same and consequently directing the respondents to select and appoint the petitioner to the post of Physical Education Teacher in School Education based on the marks secured by the petitioner in the written examination (77 marks) and Certificate Verification (5 marks) under General Turn (GT) category or Most Backward Class (MBC) category WP No.28652 of 2018 to call for the records pertaining to the impugned order of Tentative Provisional Selection List for appointment to the post of Special Teacher (Physical Education) in the department of School Education published on 12.10.2018 the file of the Respondent No.

1 and quash the same as illegal to the extent noninclusion of the petitioner and consequently direct the respondent No.1 to select and appoint the petitioner to the post of Special Teacher (Physical Education) by calling the petitioner for counselling within the time stipulated by this Honble Court WP No.28662 of 2018, 28664/2018, 28649/2018, 28654, 28659/2018: To call for the records pertaining to the impugned order of Tentative Provisional Selection List for appointment to the post of Special Teacher (Physical Education) in the department of School Education published on 12.10.2018 the file of the Respondent No.1 and quash the same as illegal to the extent noninclusion of the petitioner and consequently direct the respondent No.

1 to select and appoint the petitioner to the post of Special Teacher (Physical Education) by calling the petitioner for counselling within the time stipulated by this Honble Court and batch cases.

For Appellants in W.A.Nos.3812, 3644, 3647, 3648, 3649, 3652, 3653, 3655, 3658 and 3661 of 2019 : Mr.V.Vijayashankar For Appellants in W.A.Nos.1752, 3250, 3251, 3342, 3345, 3351 and 3355 of 2019 : Mrs.Nalini Chidambaram Senior Counsel for M/s.C.Uma

For Appellants in W.A.Nos.3535, 3538, 3539, 3543, 3544, 3545 and 3548 of 2019 : Ms.D.Geetha For Respondents : Ms.Narmada Sampath Addl. Advocate General assisted by Mr.C.Munusamy Spl. Government Pleader COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) These appeals have been filed questioning the judgments passed by a learned Single Judge dated 22.2.2019, 27.2.2019, 4.3.2019 and 6.3.2019, where the prayer made by the appellants for quashing the rejection of their candidature on the ground that they do not possess the qualification has been declined and the writ petitions have been dismissed with certain observations.

2. We had heard the arguments that had been advanced by the learned counsel for the parties on 22.11.2019, whereupon we had passed the following order:

"Heard learned counsel for the parties.

2. We find from the submissions that have been advanced that the basic issue involved is with regard to the eligibility qualifications being possessed by the appellants, who contend that their candidature could not have been declared to be not in accordance with the qualifications prescribed inasmuch as the certificates possessed by them are in conformity with law and heavy reliance has been placed on the Division Bench judgment dated 20.08.2019 to contend that the respondents are bound to apply the ratio of the said judgment in the case of the appellants as well.

3. The question as to whether the appellants are in possession of the qualifications or not is being debated before us on the ground that the qualifications possessed by them should be treated to be equivalent as per the norms adopted by the Government itself in the past to the qualifications prescribed in the Notification dated 26.07.2017.

4. We, prima facie, find that the Notification dated 26.07.2017 does not appear to have been challenged and the appellants had applied under the same Notification supporting their candidature by the qualifications that they possessed.

The question of equivalence therefore has to be gathered either from the recitals contained in the Notification or even otherwise if the appellants are able to satisfy the Court that they are in possession of the equivalent qualification.

5. Learned counsel for the appellants pray that the matter may be adjourned for today to enable them to prepare a Chart and then proceed with the matter keeping in view the nature of queries that had been raised by the Bench.

Put up on 06.12.2019, as prayed for."

3. The matter was adjourned on 6.12.2019 by the following order:

"Learned counsel for the appellants submits that the equivalence issue involved in the present case is being addressed by the Government itself and there is every likelihood of an outcome of the said proposal, which is pending consideration before the State Government.

2. Learned Government Pleader may enquire about the same and obtain instructions and inform this Court about any development in this matter.

3. List the matter on 30.01.2020."

4. Today, learned counsel for the appellants have brought before us a typed set of papers enclosing therewith government orders issued from time to time, including G.O.(Ms) No.143, School Education (SE3(1)) Department, dated 19.8.2019; G.O.(Ms) No.9, Youth Welfare and Sports Development (YW2) Department, dated 27.1.2020 and G.O.(Ms) No.218, School Education [SE3(1)] Department, dated 6.12.2019. The said Government Orders are extracted herein under:

ABSTRACT School Education Department - Educational Qualifications awarded by institutions for certain courses - Consideration of Equivalence based on the resolution of the Equivalence Committee - Orders - Issued.

---------------------------------------------------------------- ------------------------------ School Education [SE3(1)] Department G.O.(Ms.) No.218 Dated: 06.12.2019.

jpUts;Sth; Mz;L. 2050 tpfhhp tUlk;. fhh;j;jpif Read:-

1. Interim Orders of the Hon'ble Madurai Bench of Madras High Court in W.A.(MD) No.13 to 18/2019 and other batch cases in W.P. (MD) No.21650/2018 and other batch cases.

2. From the Director of School Education Letter No.69086/C5/E4/2018, dated 25.03.2019.

3. From the Director of School Education Letter No.37606/C4/E2/2012, dated 02.05.2019.

4. G.O.(MS) No.93, Higher Education (K2) Department, dated 30.05.2019.

5. From the Chairman, Equivalence Committee / Principal Secretary to Government, Higher Education Department Letter No.Rc.No.1198/2019A, dated 02.08.2019.

6. G.O.(Ms) No.143, School Education (SE3(1)) Department, dated 19.08.2019.

7. G.O.(MS) No.144, School Education (SE3(1)) Department, dated 19.08.2019.

8. From the Chairman, Equivalence Committee / Principal Secretary to Government, Higher Education Department Letter No.Rc.No.3528/2019A, dated 20.11.2019. ORDER:- The Hon'ble Madurai Bench of Madras High Court in its order first read above has issued the following judgment:- "... the Government is directed to constitute an Equivalence Committee so as to find whether the diploma acquired by Writ Petitions can be declared equivalent to the qualifications referred in the Notification as well as in the Service rules..."

2. In the letters second and third read above, the Director of School Education has sent proposals of the Government seeking orders of the Government on the equivalence of the Diploma acquired by the Writ Petitioners in W.P.(MD) No.21650/2018 and other cases and also equivalence for certain other courses offered by Educational Institutions respectively.

3. In the Government Order 4th read above, the existing Equivalence Committee functioning under the Chairmanship of Tamil Nadu Public Service Commission was disbanded and a new Equivalence Committee has been constituted in its place, under the Chairmanship of the Principal Secretary to Government, Higher Education Department for issuance of equivalence to the courses offered by the Educational institutions for the purpose of employment in public services and for pursuing higher studies.

4. Based on the minutes of the first Equivalence Committee meeting held on 31.07.2019 received in letter 5th read above, orders have been issued by the Government for equivalence of the Educational Qualifications in Government Order 6th read above and non equivalence of the Educational Qualifications in Government Order 7th read above.

5. In the letter 8th read above the Chairman, Equivalence Committee/ the Principal Secretary to Government, Higher Education Department has forwarded the resolutions passed in the second Equivalence Committee meeting held on 6.11.2019 on the Equivalence of the following courses offered by various universities to the similar courses for the purpose of employment in public service.

Sl.No.

Resolution Recommendation 1.

Resolution No:111 Public Services - Educational Qualifications - Consideration of D.P.Ed. Offered by Annamalai university & Bharathiar University as to whether equivalent to H.P.Ed., to the purpose of Employment in Public Services Equivalent 2.

Resolution No.112 Public Services - Educational Qualification - Consideration of M.P.Ed., (Direct) 2 year degree course offered by University of Madras as to whether equivalent to B.P.Ed., (one year) and M.P.Ed., (One year) to the purpose of Employment in Public Services.

Equivalent 3.

Resolution No.113 Public Services - Educational Qualification - Consideration of C.P.Ed., offered by Karnataka State as to whether equivalent to Lower Grade/Higher Grade course of the Director of Government Exams, Tamil Nadu to the purpose of Employment in Public Services.

Equivalent

6. The Government after careful consideration, decided to accept the above resolutions passed in the second Equivalence Committee Meeting held on 06.11.2019 and direct that the above courses offered by various Universities are equivalent to that of the similar courses mentioned therein from the date of issuance of such degrees/diploma.

(By Order of the Governor) Pradeed Yadav, Principal Secretary to Government

5. A perusal of the above Government Orders shows that they are in compliance of the directions issued by the High Court (Madurai Bench), whereafter an Equivalence Committee was constituted and the Equivalence Committee vide its meetings, as referred in the Government Orders, proceeded to grant equivalence in the manner indicated therein. In the present set of appeals, the equivalence as set out is being claimed by the appellants and they contend that the said Government Orders cover their cases.

6. Learned Additional Advocate General appearing for the State has not disputed the issuance of the Government Orders aforesaid, but contends that in the event the appellants are covered by the said Government Orders, the Government shall consider their candidature, provided they fulfill other eligibility conditions.

7. Having considered the submissions, we find that the judgments of the learned Single Judge deserve to be set aside and accordingly, the impugned judgments dated 22.2.2019, 27.2.2019, 4.3.2019 and 6.3.2019 are set aside with a direction to the Government to consider the candidature of the appellants in terms of the Government Orders, referred to herein above, and pass appropriate orders within six weeks, as prayed for. The appeals are accordingly allowed on the above terms. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar sasi To 1.The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Maligai DPI Compound, College Road, Chennai 6.

2.The Director of School Education DPI Campus, College Road, Chennai 6.

3.The Principal Secretary to Government School Education Department Secretariat, Fort. St. George Chennai 9.

4.The Member Secretary Teachers Recruitment Board DPI Campus, College Road Chennai 6.

5. The Regional Director National Council of Teachers Education(NCTE) Jnanabharathi Campus Main Road Nagarbhavi, Bangaluru 560 072 +1 CC to Mr.V.Vijayashankar, Advocate sr 7627 +1 CC to Govt. Pleader sr 7668 +1 CC to M/s.C. Uma, Advocate sr 7409.

W.A.Nos.3812, 1752, 3250, 3251, 3342,3345, 3351, 3355, 3535, 3538, 3539, 3543, 3544, 3545, 3548, 3644, 3647, 3648, 3649, 3652, 3653, 3655, 3658 and 3661 of 2019 RV(CO) SP(21/08/2020)