Hajara Nasreen. M v. Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)Nos.22911 and 22912 of 2022 M.Hajara Nasreen ... Petitioner Vs.

1.Government of Tamilnadu represented by is Principal Secretary to Government, Higher Education (K2) Department, Fort St. George, Chennai - 600 009.

2.The Equivalence Committee, represented by its Member Secretary / Member Secretary to Tamilnadu State Council for Higher Education, Chennai - 600 005.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in G.O(Ms)No.244, Higher Education (K1) Department dated 07.11.2022 issued by the respondent No.1 and quash the same as illegal in respect of item No.34 is concerned and consequently direct the respondents to reconsider the issue of equivalence for the petitioner's degree of B.A.,Psychology and Sociology conferred by Lady Doak College, Madurai, an autonomous institution affiliated to Madurai Kamaraj University, 1/6

as equivalent to B.A. Sociology in light of the G.O(Ms)No.232 dated 18.11.2016.

For Petitioner : Mr.M.M.Iqbal For Respondents : Mr.M.Ramesh Government Advocate

ORDER

This writ petition has been filed in the nature of certiorarified mandamus seeking records relating to G.O.Ms.No.244/Higher Education(K1) Department dated 07.11.2022, issued by the first respondent relating to item-34 and direct the respondents to consider the issuance of equivalence for the degree B.A. Psychology and Sociology conferred by Lady Doak College Madurai as equivalent to B.A. Sociology in the light of G.O.Ms.No.232 dated 18.11.2016.

2. In the affidavit filed in support of the writ petition, the petitioner had stated that she had completed under Graduate Degree in B.A., Psycology and Sociology in Lady Doak College, Madurai which is an Autonomous institution affiliated to Madurai Kamaraj University. She complete her course in the year 2013. She was also awarded with certificates of academic merit for over all academic performance. She had also done her project and submitted a report on 2/6

Women Empowerment and Poverty Alleviation Strategies in Salwarpatti Village of Virudhunagar district. She also stated that the Tamilnadu Public Service Commission had issued a recruitment notification in notification No.8 of 2022 dated 01.04.2022 issuing applications for direct recruitment to 16 vacancies for the post of District Child Protection officer. She had applied for the same. She was also called for written examination. She was also included thereafter in the merit list. The final list of candidates were also published and her name was also included after verification of the certificates. She was also issued with a call letter for interview. During the scrutiny of the original certificates, the issuance of equivalence was raised and she was denied opportunity to appear in the oral test.

She claimed that the degree in Psychology and Sociology was equivalent to B.A., Sociology and in this connection in an earlier Government order in G.O.Ms.No.34/ Higher Education(K1)Department dated 15.02.2021 had been issued. She however, stated that subsequently, another G.O.,had been issued in G.O.Ms.No.244 dated 07.11.2022, wherein it was stated that the two courses are not equivalent.

3. While the writ petition was pending, the learned Additional Government Advocate stated that the Equivalence Committee would be meeting again and sought time for getting further instructions. Today a copy of 3/6

G.O.(Ms).No.111, Higher Education (K1) Department, dated 17.04.2023 had been presented and very specifically it had been stated in Sl.No.11, that the petitioner's course which she had studied namely B.A.,Psychology and Sociology is not equivalent to B.A.Sociology for the purpose of employment in public services. Since this G.O., has specific reference to the petitioner herein, it is only appropriate that the petitioner questions and challenges this G.O., in the manner known to law. Learned counsel for the petitioner was also been informed of the same and he had appeared through video conference.

4. In view of the same, the relief sought in the writ petition has become infructuous and the same is dismissed, however, giving liberty to the petitioner to raise all issues relating to G.O.Ms.No.111, Higher Education (K1) Department, dated 17.04.2023. That liberty is given to the petitioner herein. It is made clear that the merits of the petitioner have not been discussed in the course of this order. No costs. Consequently, connected miscellaneous petitions are closed.

20.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No 4/6

pnn To 1.The Principal Secretary to Government, Government of Tamilnadu, Higher Education (K2) Department, Fort St. George, Chennai - 600 009.

2.The Equivalence Committee, represented by its Member Secretary / Member Secretary to Tamilnadu State Council for Higher Education, Chennai - 600 005.

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C.V.KARTHIKEYAN, J.

pnn and W.M.P.(MD)Nos.22911 and 22912 of 2022 20.04.2023 6/6