Ancymol v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE and W.M.P.No.32340 of 2022 Ancymol M .. Petitioner Vs.

1. The Chairman, Teacher Recruitment Board, Chennai 106.

2. The Secretary, Tamil Nadu State Council for Higher Education, Neelam Basha Dargapuram, Triplicane, Chennai 600 005.

.. Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to issue equivalent certificate for B.Com Tax Procedure and Practice as equivalent to B.Com by the consideration of the petitioner's representation dated 27.09.2022 and further directing first respondent to publish the result of the petitioner and consequently appoint the petitioner for the post of Post 1/6

Graduate Assistant-Commerce under the communal category of BC-Passbook with Disability-(PWD) Category-IV as per the Notification No.01/2021 dated 09.09.2021 issued by the first respondent.

For Petitioner :Mr.S.Arivazhagan For Respondent 1 : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.K.Sathish Kumar For Respondent 2 : Ms.M.Jayanthy Additional Government Pleader

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal in the admission stage itself.

2.Mr.R.Neelakandan learned Additional Advocate General Assisted by Mr.K.Sathish Kumar, learned counsel accepts notice for the 1st respondent and Ms.M.Jayanthy, learned Additional Government Pleader accepts notice for the 2nd respondent.

3. This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to issue Equivalence Certificate. 2/6

4. The petitioner had studied B.Com (Tax Procedure & Practice) at Kerala, which according to her is equivalent to B.Com degree, which is the educational qualification required for the post of Post Graduate Assistant - Commerce. The petitioner has been provisionally selected to the post of P.G. Assistant - Commerce under the disability category. Since the petitioner has not produced the equivalence G.O, her final selection has been withheld and the petitioner has already given a representation on 27.09.2022 to the 2nd respondent to issue an Equivalence Certificate in her favour. Since the representation has not been considered till date, she has filed this writ petition.

5. Heard Mr.S. Arivazhagan, learned counsel for the petitioner, Mr.R.Neelakandan, learned Additional Advocate General Assisted by Mr.K.Sathish Kumar, learned counsel for the 1st respondent and Ms.M.Jayanthy, learned Additional Government Pleader appearing for the 2nd respondent.

6. The petitioner has filed the provisional selection list along with this writ petition, which confirms that she has been provisionally selected to the 3/6

post of P.G. Assistant -Commerce, but her final selection has been withheld only due to the fact that she has not produced the Equivalence Ceritficate. The same is also confirmed by the learned Additional Advocate General appearing for the respondents.

7. No prejudice would be caused to the respondents, if the petitioner's representation, referred to supra seeking for Equivalence Certificate is considered on merits and in accordance with law by the 2nd respondent and final orders be passed thereafter.

8. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 27.09.2022 seeking for Equivalence Certificate for B.Com (Tax Procedure & Practice), within a period of eight weeks from the date of receipt of a copy of this order.

9. Since the petitioner has been provisionally selected and her results has been withheld only due to the fact that she did not produce the Equivalence Certificate, the respondents are directed to keep one post vacant for the petitioner, till final orders are passed by the 2nd respondent. 4/6

10. With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 06.12.2022 Index : Yes / No Internet : Yes/ No vsi2 To

1. The Chairman, Teacher Recruitment Board, Chennai 106.

2. The Secretary, Tamil Nadu State Council for Higher Education, Neelam Basha Dargapuram, Triplicane, Chennai 600 005.

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ABDUL QUDDHOSE, J.

vsi2 and W.M.P.No.32340 of 2022 06.12.2022 6/6