Dr.R.Karthighai Selvan, v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.M.P(MD).No.9061 of 2019 Dr.R.Karthighai Selvan ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep.by its Principal Secretary, Higher Education Department, Secretariat, Chennai-600 009.
2.Bharathiar University, Rep.by its Registrar, Coimbatore-641 046.
3.The Controller of Examinations, Bharathiar University, Coimbatore-641 046.
4.The Head, Department of Linguistics, School of English and Foreign Languages, Bharathiar University, Coimbatore-641 046.
5.Madurai Kamaraj University, Rep.by its Registrar, Palkalai Nagar, Madurai-625 021.
6.The Principal, Madurai Kamaraj University Constituent College, Aruppukottai.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2 to 4 to consider the petitioner's representation dated 30.04.2019 and send a proposal to the 1st respondent and consequently to direct
the 1st respondent to declare that the Ph.D. Degree in Linguistics with specialization in English Language Teaching awarded by Bharathiar University Coimbatore is equivalent to Ph.D. degree in English within a time limit to be fixed by this Court. For Petitioner :
Mr.K.Seemaraj For Respondents :
Mr.G.V.Vairom Santhosh Additional Government Pleader for RR1 and 6 No-appearance for RR2 to 4 Mr.P.Muthuvel for M/s.Isaac Chamber for R5 ******
O R D E R
The relief sought for in the present writ petition is to direct the respondent Nos.2 to 4 to consider the petitioner's representation dated 30.04.2019 and direct the first respondent to declare that the Ph.D. Degree in Linguistics with specialization in English Language Teaching awarded by Bharathiar University, Coimbatore is equivalent to Ph.D. Degree in English within a time limit to be fixed by this Court.
2. The grievance of the petitioner is that Ph.D Degree in English is not declared as equivalent to the Ph.D. Degree in Linguistics with specialization in English Language Teaching awarded by Bharathiar University, Coimbatore. The petitioner passed B.A.English in the year 2002 and M.A.English in the year 2004 and M.Phil (English) in the year 2007 and Ph.D. Degree in Linguistics with specialization in English Language Teaching under UGC- Rajiv Gandhi National Fellowship at Bharathiar University, Coimbatore in November 2014.
3. The contention of the petitioner is that Ph.D. Degree in Linguistics with specialization in English Language Teaching as awarded by Bharathiar University is to be treated as equivalent to Ph.D. degree in English. High Court cannot issue any such declaration as there is a provision for grant of such declaration of equivalency amongst various Degrees granted by different Universities.
4. Whether the Ph.D Degree granted by one University in a particular subject is equivalent to that of the Ph.D Degree awarded by another University? is to be decided by the Competent Committee of the Government for the purpose of employment or otherwise. Regarding public employment, the Government has to constitute a Committee for declaration of equivalents and only if the Committee made a recommendation, such recommendation is to be accepted by the
Government and an order is to be issued only after the Government passed the order. In the present case, the relief sought for in the present writ petition to grant declaration of equivalency amongst two Ph.D Degrees cannot be considered by this Court as the Court is not an expert body to consider the equivalency of various Degrees.
5. In respect of same relief, the writ petitioner filed a writ petition in W.P(MD).No.12555 of 2019 and this Court has passed an order on 18.06.2019 directing the Authorities to place the issue before the Board for taking decision. It is unfortunate that the very same petitioner filed two writ petitions seeking the very same relief which cannot be appreciated but to be deprecated. Such practice of litigants cannot be viewed leniently. If it is brought to the notice of this Court, severe actions are to be taken. However, the fact remains that the High Court cannot grant any such declaration as such sought for in the present writ petition as this Court has already passed the order on the same issue in the writ petition filed by the same writ petitioner. Hence, in the present case, no further consideration is required.
6. Accordingly, the Writ Petition stands dismissed. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Principal Secretary, Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai-600 009.
2.The Registrar, Bharathiar University, Coimbatore-641 046.
3.The Controller of Examinations, Bharathiar University, Coimbatore-641 046.
4.The Head, Department of Linguistics, School of English and Foreign Languages, Bharathiar University, Coimbatore-641 046.
5.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.
6.The Principal, Madurai Kamaraj University Constituent College, Aruppukottai.
+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-19424[F] dated 19/04/2022 ) +1 CC to M/s.K. SEEMARAJ, Advocate ( SR-19531[F] dated 19/04/2022 ) 18.04.2022 SS/11.05.2022 : 4P/9C