S.Poongodi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2022
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.28667 of 2022 S.Poongodi ... Petitioner Vs.
1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, Higher Education Department Fort St. George Chennai-09.
2. Teachers Recruitment Board Rep. by its Member secretary, 3rd floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI campus, college road, Chennai-06.
3. Equivalence Committee, Tamil Nadu State Higher Education Council, Rep. by its Vice Chairman, Lady Wellington, College Campus, Kamarajar Salai, Triplicane, Chennai-05.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd 1/7
respondent to convene a meeting of the equivalence Committee to consider the issue of equivalence of Bachelor of Arts in Co-operation awarded by Madras University to B.Com. Degree for the purpose of employment in Public Services within a time frame to be fixed by this Court. For Petitioner :
Mrs.Nalini Chidambaram Senior Counsel for Ms.C.Uma For Respondents :
Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan Special Government Pleader for R2 Mr.V.Manoharan Additional Government Pleader R1 and R3
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the third respondent to convene a meeting of the Equivalence Committee to consider the petitioner's request for issuance of equivalence certificate for the subjects Bachelor of Arts in Cooperation and B.Com. Degrees.
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2. The petitioner has been provisionally selected for the post of P.G. Assistant (Commerce). However, the petitioner's result has been withheld on the ground that the Bachelor of Arts in Cooperation obtained by the petitioner is not equivalent to B.Com. Degree which is the educational qualification required under the notification inviting aspirants seeking for the post of P.G. Assistant (Commerce). Since the petitioner's selection has been withheld, the petitioner has filed this Writ Petition.
3. On the last hearing date, this Court directed the learned Special Government Pleader appearing for the respondents to get instructions as to when the Equivalence Committee will be constituted to consider the petitioner's representation as stated supra.
4. Today, the learned Additional Government Pleader has received the written instructions and a position note has been filed. As per the position note, it has been stated that the Committee for Board of Studies - Commerce (UG & PG) will sit on 18.11.2022 and based on the request made by the petitioner, recommendations will be sent to the Equivalence Committee to enable them to pass orders. He would also submit that the 3/7
Equivalence Committee comprises of nine members which includes three Vice Chancellors. He would, therefore, submit that a period of three months is required for considering the petitioner's representation.
5. However, this Court is of the considered view that three months period is too long. The petitioner having been provisionally selected, the respondents will have to consider the petitioner's request expeditiously. This Court is of the considered view that eights weeks period will be sufficient for the Equivalence Committee to pass final orders on the petitioner's representation.
6. Since the petitioner has been provisionally selected for the post of P.G. Assistant (Commerce) and her result has been withheld only due to the fact that the petitioner has not produced Equivalence Certificate in respect of Bachelor of Arts in Cooperation and B.Com. Degrees, the petitioner's right to be appointed for the post of P.G. Assistant (Commerce) should not be defeated. Therefore, this Court will have to issue a direction to the respondents not to fill the post which was allotted to the petitioner under the provisional selection list to any other person till final orders are passed by 4/7
the Equivalence Committee, based on the petitioner's representation.
7. For the foregoing reasons, this Court directs the third respondent / Equivalence Committee to pass final orders on the petitioner's representation dated 29.08.2022, requesting for Equivalence Certificate for Bachelor of Arts in Cooperation and B.Com. Degrees within a period of eight weeks from the date of receipt of a copy of this order. Till final orders are passed by the Equivalence Committee, the respondents are directed not to fill up the post which was earlier allotted to the petitioner under the provisional selection list.
8. With the aforementioned directions, this Writ Petition is disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.
09.11.2022 Index : Yes/No Speaking Order : Yes / No ab 5/7
To
1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, Higher Education Department Fort St. George Chennai-09.
2. Teachers Recruitment Board Rep. by its Member secretary, 3rd floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI campus, college road, Chennai-06.
3. Equivalence Committee, Tamil Nadu State Higher Education Council, Rep. by its Vice Chairman, Lady Wellington, College Campus, Kamarajar Salai, Triplicane, Chennai-05.
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ABDUL QUDDHOSE. J., ab 09.11.2022 (1/2) 7/7