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Madras High CourtWP(MD)/122/2013allowed

J. Sebastial Rani, v. The Management,

2017-03-15Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P(MD)No.122 of 2013 and M.P.(MD).No.1 of 2013 J.Sebastial Rani ... Petitioner Vs.

1. The Management, Sri Ignious Convent Higher Secondary School, Palayamkottai, Tirunelveli District.

2. The District Educational Officer, Tirunelveli Educational District, Tirunelveli District.

3. The Registrar, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the impugned order dated 14.09.2012 made in Na.Ka.No.3114-A3/2012 by the 2nd respondent and quash the same and consequently direct the 2nd respondent to give approval for the petitioner's appointment as B.T. Assistant (English) in the 1st respondent institution forthwith.

For Petitioner : Mr.R.Vijayakumar for M/s.S.Gokulraj For R1 : No appearance For R2 : Mrs.S.Bharathi Government Advocate For R3 : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates

ORDER

The prayer in the writ petition runs as follows: This petition is for a writ of Certiorarified Mandamus, to call for the impugned order of the 2nd respondent, dated 14.09.2012 made in Na.Ka.No.3114-A3/2012 and quash the same and consequently direct the 2nd respondent to give approval for the petitioner's https://hcservices.ecourts.gov.in/hcservices/

appointment as B.T. Assistant (English) in the 1st respondent institution forthwith.

2. The grievance of the petitioner is that the appointment of the petitioner as B.T. Assistant (English) was not approved by the Government on the ground that her qualification in B.A. Functional English is not equivalent to B.A.English. The respondents referred to G.O.Ms.No.133 (School Education(M2) Department, dated 04.06.2012, which recognised a Degree in B.A. Functional English awarded by Avinashilingam Deemed University as equivalent to B.A.English. Since the petitioner had obtained her B.A. Degree in Functional English from Manonmaniam Sundaranar University, the same cannot be treated as equivalent to B.A. English.

3. Pending writ petition Mr.R.Vijayakumar, learned counsel appearing for the petitioner has produced G.O.Ms.No.72(Higher Education (K2) dated 30.04.2013 by which B.A. Functional English Degree granted by all the Universities been recognised as equivalent to B.A.English. Therefore the prayer of the petitioner that the petitioner is qualified to be appointed as a B.T.Assistant has to be granted.

4. In view of the above, the order impugned in the writ petition is quashed and Rule Nisi is made absolute. The respondents are directed to give approval to the appointment of the petitioner as BT Assistant(English).

5.With the above direction, this writ petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The District Educational Officer, Tirunelveli Educational District, Tirunelveli District.

+1cc to Mr.S.Gokulraj, Advocate Sr.No.14959 +1cc to M/s.Ajmal Associates, Sr.No.14952 +1cc to Spl.Government Pleader Sr.No.15076 pjl vb/sv/mms/sar3/2p/5c W.P(MD)No.122 of 2013 15.03.2017 https://hcservices.ecourts.gov.in/hcservices/