Priya Krishnan v. The Director Of Collegiate Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.30930 of 2022 and 3506 of 2023 Priya Krishnan
...Petitioner in both W.Ps
-Vs1. The Director of Collegiate Education, Chennai - 600 006.
2. The Registrar, University of Madras, Chennai - 600 005.
3. The Principal, Ethiraj College For Women, Chennai - 600 008.
...Respondents in both W.Ps
Prayer in W.P.No.31468 of 2022 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second Respondent to issue the educational qualification approval forthwith, as made in the petitioner's representation dated November 18, 2012, which has been pending for more than a year. Prayer in W.P.No.3437 of 2023 : Writ Petition filed under Article 226
of Constitution of India praying for the issuance of a Writ of Mandamus, directing to permit the petitioner to continue in the service till the qualification approval is granted by the second respondent, Madras University based on the appointment order dated 27.09.2021. In both W.Ps For Petitioner : Mr.Paramasivadoss for M/s. A.S.Neela Narayani For R1 : Mr.C.Jayaprakash Government Advocate For R2 : Mr.A.S.Vijayaraghavan For R3 : Mr.U.Abinav Kumar for M/s A.S.Kailasam Associates COMMON
ORDER
W.P.No.31468 of 2022 has been filed for direction directing the second respondent to issue educational qualification approval on the representation submitted by the petitioner.
2. W.P.No.3437 of 2023 has been filed for direction directing to permit the petitioner to continue in the service till the qualification approval is granted by the second respondent.
3. Heard the learned counsel on either side and perused the materials available on record.
4. The petitioner was selected and appointed as Assistant Professor in the third respondent College. Accordingly, she had joined in the service and produced her educational qualification certificates. The third respondent had forwarded her educational credentials to the first respondent University for qualification approval. It is pending with the first respondent and as such, the petitioner filed these writ petitions.
5. A perusal of her own affidavit revealed that the petitioner had completed her 10th in the month of June 1991. She had completed +2 in the month of May 1993. However, she failed in Maths subject. Thereafter, she had passed in Maths subject in the month of March, 2002. In the meanwhile, she had completed her Master of Arts in Tamil in the month of May 2001 in Annamalai University through open university. On the strength of the master degree, she had completed M.Phil in the month of November 2003 in Manonmaniam Sundaranar University. On the strength of M.Phil degree, she had completed her Doctorate in the month of November 2009 in National College, Trichy.
The petitioner had completed her UG Tamil in the month of April 2009. On the strength of UG, she had also completed MA Linguistics in the month of May 2010. Once again, the petitioner done her Doctorate in the month of June 2022.
6. Therefore, it is crystal clear that the petitioner, without even completing her higher secondary course, straight away completed Master Degree in MA, Tamil in the month of May 2001. On the strength of the said Master degree, she had also completed her M.Phil and PhD. Further, admittedly, she had undergone UG viz., B.A, Tamil only in the month of April 2009. Therefore, without basic conscious, the petitioner, without even completing her higher secondary course had undergone master degree. That apart, without even doing her UG, she had done her Master Degree in Tamil.
7. Further, a perusal of the counter filed by the second respondent revealed that the petitioner does not satisfy the eligibility requirements as prescribed in G.O.(Ms).No.107, P & AR (M) Department dated
18.08.2009 which was adopted by the second respondent. Therefore, her appointment itself is in violation of the said Government Order as well as UGC regulations. Therefore, her qualification was rightly with held by the second respondent University.
8. In view of the above, the request made by the petitioner in both the writ petitions cannot be considered and these writ petitions are devoid of merits and are liable to be dismissed. Accordingly, these writ petitions are dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.
08.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Director of Collegiate Education, Chennai - 600 006.
2. The Registrar, University of Madras, Chennai - 600 005.
3. The Principal, Ethiraj College For Women, Chennai - 600 008.
08.03.2024