Madras High CourtWP(MD)/15821/2019disposed of

K.Subbiah v. State Of Tamil Nadu

2019-08-01Honourable Mr Justice D. Krishnakumar3 pages

1 W.P(MD)No.15821 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.15821 of 2019 K.Subbiah .. Petitioner Vs.

1.State of Tamil Nadu, rep.by its Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai - 9.

2.The Secretary, Department of Personnel and Administrative Reforms (M) Department, Secretariat, Chennai - 9.

3.Tamil Nadu Public Service Commission, rep.by its Secretary, V.O.C.Nagar, Park Town, Chennai - 3.

4.The Registrar, Bharathidasan University, Trichy-620024 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Directing the respondents 1 and 2 to clarify that the M.Sc (Statistics and Informatics) awarded by 4th respondent Bharathidasan University as equivalent to M.Sc (Statistics) for the post of Assistant Professor in colleges and Universities by extending the benefit of Government Order in G.O(Ms) No.106 Personnel and Administrative Reforms (M) Department, dated 16.08.2017 within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.M.Pandiarajan Additional Government Pleader For R3 : Mr.D.Sivaraman,Standing Counsel 1/3

2 W.P(MD)No.15821 of 2019

ORDER

This writ petition has been filed seeking direction to the respondents 1 and 2 to clarify that M.Sc (Statistics and Informatics) awarded by 4th respondent Bharathidasan University as equivalent to M.Sc (Statistics) for the post of Assistant Professor in colleges and Universities, by extending the benefit of G.O(Ms) No.106, Personnel and Administrative Reforms (M) Department, dated 16.08.2017.

2.According to the petitioner, he studied M.Sc (Statistics and Informatics) in Bharathidasan University/fourth respondent herein and he is eligible for appointment to the post of Assistant Professor in the Department of Statistics. The grievance of the petitioner is that though the Government vide G.O(Ms)No.106 Personnel and Administrative Reforms (M) Department, dated 16.08.2017 directed that M.Sc (Statistics and Informatics) awarded by Bharathidasan University is equivalent to M.Sc., (Statistics), there is no clarification that it is applicable for all the recruitments including the Tamil Nadu Public Service Commission. Hence, the petitioner made a representation dated 17.06.2019 to the respondents seeking clarification that M.Sc., (Statistics and Informatics) awarded by the Bharathidasan University is equivalent to M.Sc., (Statistics) for the post of Assistant Professor in the Colleges and Universities, by extending the benefit of G.O(Ms) No.106, Personnel and Administrative Reforms (M) Department, dated 16.08.2017.

3.The learned Additional Government Pleader appearing for the first respondent, on instructions, submitted that M.Sc., (Statistics and Informatics) awarded by Bharathidasan University is not equivalent to M.Sc., (Statistics), awarded by the Madras University. Further it is submitted that the above Government Order could be extended to the post of Assistant Professor, only if the Government issues equivalence orders that M.Sc., (Statistics and Informatics) awarded by the Bharathidasan University is equivalent to M.Sc., (Statistics). It is also submitted that the aforesaid subject has been referred to Equivalence Committee and it will take 12 weeks time to get the process completed.

4.In the light of the aforesaid submission made by the learned Additional Government Pleader, this Court is of the view to pass the following order:

(i)The first respondent is directed to forward the representation of the petitioner dated 17.06.2019 to the Equivalence Committee;

(ii)After obtaining report from the said Committee, the first respondent shall consider the petitioner's claim and pass appropriate orders, by following the procedures 2/3

3 W.P(MD)No.15821 of 2019 under the Government Orders, within a period of four months from the date of receipt of the report from the Equivalence Committee, and the same shall be communicated to the petitioner.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to the Government, State of Tamil Nadu, Department of Higher Education, Secretariat, Chennai - 9.

2.The Secretary, Department of Personnel and Administrative Reforms (M) Department, Secretariat, Chennai - 9.

3.Tamil Nadu Public Service Commission, rep.by its Secretary, V.O.C.Nagar, Park Town, Chennai - 3.

4.The Registrar, Bharathidasan University, Trichy-620024 +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-79342[F] dated 02/08/2019 ) +1 CC to M/s.SPL GP ( SR-79442[F] dated 02/08/2019 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-79515[F] dated 02/08/2019 ) W.P(MD)No.15821 of 2019 KK/SAR/13.08.2019/3P-8C/ 3/3