Madras High CourtWP(MD)/5021/2016dismissed

B.Banumathi, W/O.Rajkumar, v. State Of Tamil Nadu,

2016-03-24Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5021 of 2016 B.Banumathi ... Petitioner Vs.

1.State of Tamil Nadu, Rep. By its Secretary to Government, Higher Education Department, Secretariat, Chennai.

2.State of Tamil Nadu, Rep. By its Principal Secretary to Government, School Education Department, Secretariat, Chennai.

3.The Secretary, Tamil Nadu Public Service Commission, Chennai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to dispose the proceedings related to the Government letter No.19972/K2/2015-1, dated 02.11.2015 within the stipulated time fixed by this Court based on the petitioner's representation dated 26.01.2016.

For Petitioner : Mr.S.Ayyanar Prem Kumar For RR 1 & 2 : Mr.R.Anandhraj Government Advocate For R - 3 : Mr.K.K.Senthil

ORDER

The petitioner seeks for a Writ of Mandamus, directing the third respondent to dispose of the proceedings related to the Government letter No.19972/K2/2015-1, dated 02.11.2015 within the stipulated time based on her representation, dated 26.01.2016.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

3. The petitioner is qualified with B.Sc (Electronics) at Government Arts College, Paramakudi, which is affiliated with Madurai Kamaraj University for the Academic Year 2002-2005 and now, pursuing her M.Sc (Physics) in Manonmaniam Sundaranar University. The second respondent had declared that B.Sc (Industrial Electronics) awarded by Bharathidasan University is equivalent to B.Sc (Physics). and the B.Sc (Industrial Electronics) awarded by Bharathidasan University, carries the same syllabus as that of B.Sc (Electronics) awarded by the Madurai Kamaraj University. Therefore, the petitioner contends that B.Sc (Electronics) affiliated by Madurai Kamaraj University should be treated as equivalent to B.Sc (Physics). In the mean time, the first respondent vide G.O.(Ms).No.73, Higher Education (K2) Department, dated 20.04.

2015 has declared that the UG Degree in B.Sc (Electronics) awarded by the Madurai Kamaraj University is not equivalent to B.Sc (Physics). Therefore, the petitioner has made a representation, dated 30.06.2015 requesting the first and second respondents to re-consider the issue of equivalence in respect of B.Sc (Physics) awarded by Madurai Kamaraj University.

4. The respondents, on instructions, stated that the Government had requested to place B.Sc (Electronics) affiliated by Madurai Kamaraj University before the Equivalence Committee and send the decision of the Committee so as to enable the Government to pass orders as per the earlier order passed by this Court in W.P(MD)No.16355 of 2015, dated 09.09.2015 seeking a Mandamus to direct the respondents to reconsider as to whether B.Sc (Electronics) awarded by Madurai Kamaraj University is equivalent to B.Sc (Physics). As already G.O.Ms.No.73, Higher Education (K2) Department, dated 20.04.2015 has declared that B.Sc (Electronics) awarded by Madurai Kamaraj University is not equivalent to B.Sc (Physics), based on the resolution of the Equivalence Committee, the request of the petitioner cannot be considered and also stated that the said G.O.Ms.No.73, Higher Education (K2) Department, dated 20.04.2015 has not been challenged by anybody.

5. In view of the above, the request of the petitioner cannot be granted and hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar

To 1.The Secretary to Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai.

3.The Secretary, Tamil Nadu Public Service Commission, Chennai. +one cc to M/s.S.Ayyanar Prem Kumar, Advocate in SR.NO.16902 +one cc to M/s.K.K.Senthil, Advocate in SR.No.17037 +one cc to The Special Government Pleader in SR.No. 16933 ps CSL/AAL-MPA/04.04.2016 :3p/7c W.P(MD)No.5021 of 2016 24.03.2016