Vadivel Devi v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.24058 of 2018 and W.M.P(MD)Nos.20638 and 20639 of 2019 Vadivel Devi ... Petitioner Vs.

1.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath maligai, DPI Compound, College Road, Chennai-600 006.

2.The Member-Secretary (FAC), Equivalence Committee, Tamil Nadu State Council for Higher Education, Lady Willington College Campus, Kamarajar Salai, Chennai-600 005.

3.The Registrar, Manonmaniam Sundaranar University, Abhishekapatti, Tirunelveli-12.

4.The Principal, Holly Cross Home Science College, Thoothukudi.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to issue equivalence certificate as M.Sc., Institutional Food Service Management is equivalent to M.Sc., Home Science (Foods and Nutrition) based on the recommendation of the third respondent issued in his proceedings in R.MSU/BoS/Equivalency Msc.Dietetics & M.Sc Home Sci./TANSCHE/2019/C/125 dated 06.11.2019 and further direct the first respondent to appoint the petitioner as an Assistant Professor (Home Science) pursuant to his notification in No.12/2019 dated 28.08.2019 and 04.10.2019.

For Petitioners : Mr.D.Venkatesh For R1 : Mr.VR.Shanmuganathan, Special Government Pleader 1/3

ORDER

The present writ petition is filed for a direction to the second respondent to issue equivalence certificate as M.Sc., Institutional Food Service Management is equivalent to M.Sc., Home Science (Foods and Nutrition), based on the recommendation of the third respondent, issued in his proceedings in R.MSU/BoS/Equivalency Msc.Dietetics & M.Sc Home Sci./TANSCHE/2019/C/125, dated 06.11.2019 and further direction to the first respondent to appoint the petitioner as an Assistant Professor (Home Science), pursuant to his notification in No.12/2019, dated 28.08.2019 and 04.10.2019.

2. The first respondent issued a Notification, calling for application for appointment to the post of Assistant Professor. The petitioner has completed the post graduate Degree in M.Sc., (Institutional Food Service Management) in the year 2006 and also completed M.Phil in Family Life Management (Food and Nutrition). The Degree of M.Sc., (Institutional Food Service Management) obtained by the petitioner is equivalent to M.Sc., Home Science (Food Science and Nutrition). The Government, by its G.O.(Ms) No.51, dated 14.07.2015, stated that M.Sc., Institutional Food Service Management studied in the third respondent college is equivalent to M.Sc., Home Science (Food and Nutrition).

In view of the above, she approached the first respondent and requested him to receive her application to enable her to participate in the certificate verification. He refused to accept the application. Hence, the petitioner gave a representation to the third respondent, dated 06.11.2019, requesting to issue equivalent certificate. The third respondent did not pass any orders on the representation. Hence, the petitioner has come out with the present writ petition.

3. Considering the relief sought for by the petitioner, the second respondent is directed to consider the representation of the petitioner dated 06.11.2019, based on the recommendation of the third respondent and pass orders, within a period of four weeks from the date of receipt of a copy of this order. The first respondent is directed to permit the petitioner to produce the equivalent certificate at the time of certificate verification.

4. With the above direction, the writ petition is disposed. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) Am 2/3

To 1.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath maligai, DPI Compound, College Road, Chennai-600 006.

2.The Member-Secretary (FAC), Equivalence Committee, Tamil Nadu State Council for Higher Education, Lady Willington College Campus, Kamarajar Salai, Chennai-600 005.

3.The Registrar, Manonmaniam Sundaranar University, Abhishekapatti, Tirunelveli-12.

4.The Principal, Holly Cross Home Science College, Thoothukudi.

+1CC TO MR.D.VENKATESH, Advocate Sr. No. 102037 27.11.2019 KG(CO) TR(29.11.2019)3P 6C 3/3