Elamathi v. The Equivalence Committee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.34864 of 2024 Elamathi .. Petitioner Vs.
1.The Equivalence Committee, Rep. by its Chair Person-cum- Secretary to Government of Tamilnadu, Fort St.George, Chennai - 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Secretary Teachers Recruitment Board, Puratchithalaivar Dr.MGR Centenary Building, 3rd & 4th Floors, College Road, Nungambakkam, Chennai - 600 006.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pass an order of appointment of the petitioner to the post of BT Assistant (Science) based on the selection made as per the Provisional Selection 1/7
List published by the 3rd respondent dated 20.07.2024 in consideration of representation submitted by the petitioner dated 22.07.2024 within time limit fixed by this Court.
For Petitioner :
M/s.Kamaligha Senguttuvan For RR 1 & 2 :
Mrs.S.Mythreye Chandru Special Government Pleader For R3 :
Mr.Alagu Goutham Government Advocate
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents to appoint the petitioner to the post of B.T.Assistant (Science) based on the selection made as per the provisional selection list published by the 3rd respondent dated 20.07.2024.
2.Heard the learned counsel for the petitioner, learned Special Government Pleader for respondents 1 & 2 and the learned Government Advocate for the 3rd respondent.
2/7
3.The case of the petitioner is that she completed B.Sc., (Ed.) Integrated Course from the Central Institution of Mysore. Thereafter, the petitioner completed graduation in M.Sc (Chemistry) from Madurai Kamarajar University. She also cleared the TET in the year 2022. 4.Notification was issued by the Teachers Recruitment Board and the petitioner also submitted her application to participate in the selection to the post of B.T.Assistant (Science). The petitioner attended the examination and she was also called for certificate verification. The provisional selection list was also published on 20.07.2024 and the name of the petitioner was found in Sl.No.22. However, the candidature of the petitioner was withheld on the ground that the petitioner did not produce any equivalent Government Order for her UG degree. 5.The petitioner made a representation in this regard by pointing out to the earlier order passed by this Court on the same issue. Since, the same did not evoke any response, the present writ petition has been filed before this Court.
3/7
6.The issue that is involved in the present writ petition is squarely covered by the earlier order passed in W.P.23273 of 2024. The relevant portions are extracted hereunder:
"7.In the considered view of this Court, GO MS No.1478 dated 28.08.1970 only states that B.Sc Ed degree given by the University of Mysuru is equivalent to BT or B.Ed. There is no clarity in this Government Order that it is equivalent to the UG degree in the State of Tamil Nadu.
8.The learned Standing Counsel has brought to the notice of this Court the case of a similarly placed candidate who had completed B.Sc Ed with Physics, Chemistry and Maths as major subjects and he has obtained an equivalence certificate to the effect that it is equivalent to B.Sc Mathematics. Therefore, if a similar Government Order is produced by the petitioner to the effect that B.Sc Ed obtained by the petitioner is equivalent to B.Sc Chemistry, the same will be sufficient to consider the candidature of the petitioner for appointment to the post of B.T.Assistant.
9.The Equivalence Committee Represented by its Chair person cum Secretary to Government of Tamil Nadu, Fort St. George, Chennai 9, is suo-motu added as the 3rd respondent in this writ petition. The petitioner is directed to submit the certificates pertaining to her educational qualification before the impleaded 3rd respondent. The impleaded 3rd 4/7
respondent shall consider whether the UG degree obtained by the petitioner is equivalent to B.Sc (Chemistry) for the purpose of employment in public service. Based on the decision taken by the 3rd respondent, the Government Order shall be issued if the UG degree is considered to be equivalent. This process shall be completed within a period of six weeks from the date of receipt of a copy of this order.
10.The Government Order passed shall be conveyed to the 2nd respondent. Thereafter, the 2nd respondent based on the decision taken by the 3rd respondent shall proceed further with the consideration of the appointment of the petitioner as BT Assistant (Science). This Court had already directed one post to be kept vacant. In view of the same, once the equivalent certificate is granted, the post that has been kept vacant, can be filled up with the candidature of the petitioner. The entire exercise shall be completed within a period of eight weeks."
7.The above relief that was granted to the petitioner therein will equally apply to the petitioner in this case also. That apart, G.O.No.178 dated 07.10.2024 has been issued wherein, it has been stated that B.Sc (Ed.) Integrated Course that was awarded by the University of Mysore was considered to be equivalent to the B.Sc (Chemistry) for the purpose of employment. In view of the same, the candidature of the petitioner has 5/7
to be considered and she should be appointed to the post of B.T.Assistant (Science), if she fulfills all the other requirements. 8.In the result, this Writ Petition is disposed of with the above directions. Consequently, the connected Miscellaneous Petition is closed. No costs.
28.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Equivalence Committee, Rep. by its Chair Person-cum- Secretary to Government of Tamilnadu, Fort St.George, Chennai - 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Secretary Teachers Recruitment Board, Puratchithalaivar Dr.MGR Centenary Building, 3rd & 4th Floors, College Road, Nungambakkam, Chennai - 600 006.
6/7
N.ANAND VENKATESH, J.
krk 28.10.2024 7/7