B.Banumathi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.16355 of 2015 B.Banumathi
...Petitioner
Vs.
1.The State of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department, Secretariat, Chennai.
2.The State of Tamil Nadu, rep. by its Principal Secretary to Government, School Education Department, Secretariat, Chennai.
3.The Directorate of School Education, O/o.the Directorate of School Education, DPI Compound, College Road, Chennai.
4.The Chairman, Teachers Recruitment Board, O/o. the Teachers Recruitment Board, Chennai.
5.The Registrar, Madurai Kamaraj University, Madurai.
...Respondents
Prayer:- The Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to reconsider the issue as to whether B.Sc. (Electronics) awarded by the Madurai Kamaraj University is equivalent to B.Sc. (Physics) by considering the petitioner's representation dated 30.06.2015 in the light of G.O.Ms.No.133 School Education (M2) Department dated 4.6.2012 within the period that may be stipulated by this Hon'ble Court.
For petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For respondents : Mr.Aaiyuram K.Selvakumar Government Advocate for R1 to R4 Mr.S.Chandrasekar for R5.
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ORDER
This Writ Petition has been filed by B.Banumathi, who is serving as Secondary Grade Teacher, seeking for issuance of a Writ of Mandamus directing the respondents to re-consider the issue as to whether B.Sc. (Electronics) awarded by the Madurai Kamaraj University is equivalent to B.Sc. (Physics) by considering her representation dated 30.06.2015 in the light of G.O.Ms.No.133, School Education (M2) Department dated 04.06.2012. 2.
Mr. Aairam K.Selvakumar, learned Government Advocate takes notice for the respondents 1 to 4 and Mr.S.Chandrasekar, learned Government Advocate takes notice for the 5th respondent. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3.
The petitioner has acquired B.Sc., (Electronics) at Government Art College, Paramakudi, which is affiliated with Madurai Kamaraj University, for the academic year 2002-2005. Subsequently, she is pursuing M.Sc., (Physics) at Manonmaniam Sundaranar University. Since the Madurai Kamaraj University has issued a certificate to the effect that her UG degree is equivalent to B.Sc (Physics), she has also completed B.Ed., with the above degree. Therefore, as the above UG degree, namely, B.Sc., (Electronics) is equivalent to B.Sc., (Physics), she sought for promotion to the post of B.T. Assistant (Science). However, the said claim was rejected. Subsequently, the Principal Secretary to Government, School Education Department, the second respondent herein, have issued G.O.Ms.No.73, Higher Education (K2) Department, dated 20.04.2015 declaring that the UG degree in B.Sc. (Electronics) awarded by the Madurai Kamaraj University is not equivalent to B.Sc., (physics).
Therefore, the petitioner preferred a representation requesting the respondents herein to re-consider the issue of equivalence in respect of B.Sc., (Electronics) awarded by Madurai Kamaraj University as she is facing several avenue of promotion. Therefore, in this background, this Court considering the limited scope of prayer, without going into the merits of the case, directs the respondents 1 to 4 to consider the representation of the petitioner dated 30.06.2015 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 4.
With above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar
To
1. Secretary to Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai.
2. Principal Secretary to State of Tamil Nadu, School Education Department, Secretariat, Chennai.
3.The Directorate of School Education, O/o.the Directorate of School Education, DPI Compound, College Road, Chennai.
4.The Chairman, Teachers Recruitment Board, O/o. the Teachers Recruitment Board, Chennai.
5.The Registrar, Madurai Kamaraj University, Madurai +One cc to M/s.Ajmal Associates, Advocate, SR.No.53207 +One cc to The Special Government Pleader, SR.No.53246 skn RL/8c - 5/10/2015 W.P(MD).No.16355 of 2015 09.09.2015