Sivamanikandan.R v. The Director

1 W.P.(MD)NO.22792 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22792 of 2022 and W.M.P.(MD)Nos.16934 & 16935 of 2022 R.Sivamanikandan ... Petitioner Vs.

1. The Director, Teachers Recruitment Board (TRB), Chennai - 6.

2. The Member Secretary, Tamilnadu State Council for Higher Education (TANSCHE), Lady Willingdon College Campus, Kamarajar Salai, Triplecane, Chennai - 600 005.

3. The Registrar, Madurai Kamaraj University, Thallakulam, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to issue certificate of equivalency of B.Com (Vocational Tax Procedure and Practice) into B.Com decree by considering petitioner's representation dated 20.09.2022 forthwith and consequently direct the 1st respondent to provide sufficient time to the petitioner till equivalency certificate issued by the 2nd respondent and to include 1/4

2 W.P.(MD)NO.22792 OF 2022 petitioner's name in the provisional selection list as "Eligible" in Direct Recruitment for the post Graduate Assistant/Physical Education Director Grade 1/Computer Instructor Grade 1 for the year 2020-2021-commerce.

For Petitioner : Mr.P.Gunasekaran, for Mr.S.Madhan Kumar.

For R-1 : Mr.V.R.Shanmuganathan, Standing Counsel.

For R-2 : Mr.K.Ragadeesh Kumar, for M/s.Isaac Chambers.

For R-3 : Mr.J.Ashok, Additional Government Pleader.

* * *

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner is possessing M.Com. and B.Ed. The petitioner qualified himself in B.Com. (Tax Procedure and Practice). The petitioner took part in the recruitment process for the post of Post Graduate Assistant (Commerce) conducted by the Teachers Recruitment Board.

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3 W.P.(MD)NO.22792 OF 2022

3. The question arose as to whether UG degree obtained by the petitioner can be considered as equivalent to regular B.Com. degree. The issue of equivalence will have to be decided only by the second respondent. The grievance of the petitioner is that for more than two years, the issue is pending.

4. I direct the second respondent to consider and go into the issue and decide the matter by considering the petition mentioned representation within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. If the equivalence sought for by the petitioner is granted, I consciously refrain from going into the issue as to the bearing of the decision of the petitioner's rights. The said issue is left open.

5. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

03.11.2022 Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.22792 OF 2022 G.R.SWAMINATHAN,J.

PMU To:

1. The Director, Teachers Recruitment Board (TRB), Chennai - 6.

2. The Member Secretary, Tamilnadu State Council for Higher Education (TANSCHE), Lady Willingdon College Campus, Kamarajar Salai, Triplecane, Chennai - 600 005.

3. The Registrar, Madurai Kamaraj University, Thallakulam, Madurai.

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