Teachers Recruitment Board, v. S.Ramya,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)No.1539 of 2014 and M.P.(MD)No.1 of 2014 Teachers Recruitment Board, Rep. by its Chairman, DPI Compound, College Road, Nungambakkam, Chennai - 600 006.

: Appellant Vs.

1.S.Ramya 2.The Registrar, Avinashilingam Deemed University, Coimbatore - 641 043.

: Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, praying to allow the Writ Appeal by setting aside the order passed by this Court in W.P.(MD)No.16388 of 2012 dated 21.01.2013. Prayer in WP(MD). 16388/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to select the petitioner roll no.12PG05170136 for the appointment of the post of PG Assistant in Chemistry as per the Advertisement no.03/2012 dated 28/02/2012 in notification dated 28/02/2012.

For Appellant : Mr.T.S.Md.Mohideen Additional Government Pleader For Respondent No.1 : Mr.A.Suresh Babu For Respondent No.2 : Mr.A.Santhosh Kumar for Mr.S.Kadarkarai *******

JUDGMENT

************* [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The Teachers Recruitment Board is on appeal questioning the order dated 21.01.2013 made in W.P.(MD)No.16388 of 2012 filed by the first respondent herein.

2.The case of the first respondent is that she was fully qualified and eligible to hold the post of PG Assistant in Chemistry by which applications were called for by the appellant Board. She got B.Sc., degree in Chemistry and did her Post Graduation in Avinashilingam Institute for Home Science and Higher Education for Women - Deemed University, Coimbatore. It was termed as Applied Chemistry. She enrolled herself with the District Employment Exchange and also the Professional and Executive Employment Branch Office at Madurai. 3.When the Board called for applications from eligible candidates for filling up the vacancies in the post of PG Assistant, the writ petitioner also took part. However, the appellant Board did not select the writ petitioner on account of the fact that the writ petitioner was possessing M.Sc., Applied Chemistry degree, which according to the Board was not equivalent to M.S.c., Chemistry. She, therefore, filed W.P.(MD)No.16388 of 2012, for directing the appellant Board to select her as PG Assistant in Chemistry.

4.When the matter was taken up before the learned Single Judge, the writ petition was disposed of with a direction to the appellant Board to constitute an Equivalence Committee to find out if M.Sc., in Applied Chemistry can be considered as equivalent to M.Sc., Chemistry and also to find out if M.Sc., in Applied Chemistry obtained from Avinashilingam Institute for Home Science and Higher Education for Women - Deemed University, Coimbatore, can be considered as eligible. It is this direction to constitute an Equivalence Committee to find out the eligibility of the writ petitioner is questioned in this Writ Appeal. 5.When the writ appeal was taken up for disposal, the learned counsel appearing for the first respondent produced a copy of the order dated 16.06.2016 made in W.A.(MD)No.877 of 2016, in which a similar direction was given by the Division Bench of this Court. The issue raised in cases such as this can be resolved only by constituting an Equivalence Committee to go into the question.

6.This court exercising its Writ jurisdiction cannot go into the issue of equivalence of degrees. It is a matter for academic experts. That is why, the learned Single Judge rightly directed the constitution of such a Committee to find out if M.Sc., in Applied Chemistry can be considered as equivalent to M.Sc., Chemistry. The direction given in W.P.(MD) No.16388 of 2012 is on the same lines as given in the order dated 16.06.2016 in W.A.(MD)No.877 of 2016, by a Division Bench of this Court. We, therefore, see no reason to entertain this Writ Appeal.

7.The writ appeal is dismissed accordingly. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub-Assistant Registrar +One cc to M/s.S.Kadarkarai, Advocate, SR.No.69399 +One cc to The Special Government Pleader, SR.No.70165 MR RL/3C/3P/GT/SAR1/24/8/2017 JUDGMENT MADE IN W.A(MD)No.1539 of 2014 01/08/2017