Madras High Court
G.Pandiyammal vs The State Of Tamil Nadu on 31 March, 2022
W.P.(MD).No.17903 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.17903 of 2017
and
W.M.P.(MD).Nos.14422, 14423 and 14424 of 2017
G.Pandiyammal ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Department of School Education,
Fort St.George,
Chennai – 9.
2.The Chairman,
Teachers Recruitment Board,
BVK Sampath Maligai,
DPI Compound,
College Road,
Chennai – 600 006.
3.The Registrar,
Bharathidasan University,
Tiruchirappalli. ... 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 on the file of the first respondent in connection with the impugned
Clause 16 of Resolution No.3 of the Government Order in G.O.Ms.No.72,
https://www.mhc.tn.gov.in/judis
1/11
W.P.(MD).No.17903 of 2017
Higher Education (K2) Department dated 30.04.2013 and consequential
impugned order of rejection passed by the second respondent vide his official
website in proceedings No.Nil dated Nil and quash the both as illegal, arbitrary
and unconstitutional and consequently direct the first and second respondents
to appoint the petitioner as Post Graduate Assistant in Physics in any
Government Higher Secondary School based on the provisional selection list
for certificate verification as per the amended Special Rules of the Tamil Nadu
Higher Secondary Education Service vide G.O.Ms.No.1622, Education (HS2)
Department dated 21.10.1988 within the time limit that may be stipulated by
this Court.
For Petitioner : Mr.G.Thalaimutharasu
For R-1 : Mrs.D.Farjana Ghoushia,
Special Government Pleader.
For R-2 and R-3 : Mr.V.R.Shanmuganathan
ORDER
The present Writ Petition has been filed to quash the impugned
Clause 16 of Resolution No.3 of the Government Order in G.O.Ms.No.72,
Higher Education (K2) Department dated 30.04.2013 and consequential
impugned order of rejection passed by the second respondent and consequently
direct the first and second respondents to appoint the petitioner as Post
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
Graduate Assistant in Physics in any Government Higher Secondary School
based on the provisional selection list for certificate verification as per the
amended Special Rules of the Tamil Nadu Higher Secondary Education Service
vide G.O.Ms.No.1622, Education (HS2) Department dated 21.10.1988.
2. The brief facts of the case are that the petitioner belongs to SC
community and has completed 10th Standard in the year 1995 and 12th Standard
in the year 1997 and has studied B.Sc.,(Physics) in Government Arts College
for Women in the year 2001. Thereafter, she studied M.Sc., Applied Physics
(Instrumentation) and M.Phil. (Physics) in Nehru Memorial College and has
completed the same in the year 2006. Thereafter, the petitioner completed
B.Ed., and M.Ed., degrees in physics in the year 2009 and 2015. Her name was
enrolled in the District Employment Exchange, Pudukkottai in Regn. No. MDP
2006F00022815. The second respondent vide his proceedings in
Advertisement No.03/2017 dated 09.05.2017 issued a notification for direct
recruitment to the post of PG Assistants and Physical Education Directors
Grade-I for the year 2016-2017. The petitioner is having qualification of Post
Graduate in Physics and has appeared in the examination and completed
successfully by securing 74 marks and has come within the zone of
consideration. The petitioner was kept in the Serial No.361 in the Provisional
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
Selection List (Physics). The second respondent vide proceedings dated
11.08.2017 issued a Call Letter for certificate verification. But the petitioner's
candidature was not considered for the reasons that M.Sc. Applied Physics
(Instrumentation) is not equivalent to M.Sc. Physics. The respondents by
invoking G.O.Ms.No.72, Higher Education (K2) Department dated 30.04.2013
has passed such rejection order. The contention of the petitioner is that the said
rejection is arbitrary by stating that M.Sc., Applied Physics obtained from the
Bharathidasan University is not equivalent to M.Sc., Physics. The petitioner
has circulated an additional typed set of papers, wherein, it has been stated that
more or less the subject is equal. The petitioner has passed Teacher Recruitment
Board examination conducted by the second respondent for the post of PG
Assistant in the year 2016-2017. The petitioner relied on the amended Special
Rules for Higher Secondary Teachers service in G.O.Ms.No.1622, Education
(HS2) Department dated 21.10.1988 and claims that the rejection is against the
said Special Rules.
3. The second respondent has filed a counter stating that the
respondents are only the recruiting authority. After selection, the same will be
submitted to the respective appointing authorities. The appointing authorities
has claimed that a post of P.G Assistant Physics is vacant and has submitted
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
their requirement as any Post Graduates with Physics is necessary for the
appointment. The Board conducted the written Competitive Examination for
direct recruitment of 3375 Post Graduate Assistants and Physical Education
Directors Grade-I on 02.07.2017. The marks obtained by all the candidates
who have appeared in the written examination was released by the Board. The
list of candidates to be called for Certificate Verification in the ratio of 1:1. On
perusal of the records, during Certificate Verification, it was found that the
petitioner has completed M.Sc., Applied Physics and through G.O.Ms.No.72,
M.Sc., Applied Physics was not equivalent to M.Sc., Physics as per Serial No.
16 in Resolution No.3 and the same is extracted hereunder:
“c) Equivalent Qualification: If a candidate claims that
the educational qualification in the subject possessed by
him/her is equivalent to, though not the same, as those
prescribed for the appointment, he/she has to produce the
subject equivalence G.O. issued by the Government of
Tamil Nadu at the time of Certificate Verification.”
4. The said equivalency was also incorporated in the notification.
As per Section 25 of Tamil Nadu Government Servants (Conditions of Service)
Act, 2016, it is stated as under:
“25. No person shall be eligible for appointment to any service, class,
category or grade or any post borne on the cadre thereof unless he,--
(a) possesses such special qualifications and has passed such special tests
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
as may be prescribed in that behalf in the special rules; or
(b) possesses such other qualifications as have been declared to be higher
than or equivalent to the said special qualifications or special tests--
(i) by the Government in consultation with the Committee constituted under
the Chairmanship of the Chairman, Tamil Nadu Public Service
Commission for the purpose, in cases where the appointment has to be
made in consultation with the Commission; and
(ii) by the Government or by the appointing authority with the approval of
the Government in other cases.”
The Government has formulated the Special Committee to go into
all these issues. The second respondent has no power to see any qualification
and it is purely dependent upon the Equivalence Committees report. Therefore,
the respondents prayed to reject the Writ Petition.
5. Heard Mr.G.Thalaimutharasu, learned counsel for the petitioner
and Mrs.D.Farjana Ghoushia, learned Special Government Pleader for the first
respondent and Mr.V.R.Shanmuganathan, learned counsel for the second and
third respondents.
6. On perusing the Advertisement No. 03 / 2017 dated 09.05.2017,
it is seen that the respondents have called for candidates to the post of P.G.
Assistant for the Tamil Nadu Higher Secondary Educational Service. There is
no specific claim for M.Sc. (Physics). The relevant portion is extracted
hereunder:
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
S. No. Name of the post & Service Post No. of
Scale of Pay Code Vacancies
1 Post Graduate Tamil Nadu Higher 17PG 1663*
Assistants / Secondary Educational
Physical Education Service
Directors Grade – I
Rs.9300-34800 –
Grade Pay Rs. 4800
b) Educational Qualifications:
1. Candidates should possess a Post Graduate degree in the relevant
subject with B.Ed. degree awarded by the University or Institution
recognized by the University Grants Commission. The qualification
prescribed above for this post should have been obtained by passing
the required qualification after completing 10th and H.Sc. (or its
equivalent) followed by an U.G. Degree.
On perusing the advertisement it is seen that the respondents have
called for the P.G. Assistant to take class for the Higher Secondary Class. There
is no specific mention that the P.G. Assistant should possess M.Sc., Physics and
not M.Sc. Applied Physics. Therefore this Court is of the considered opinion
that the respondents is incorrect in rejecting the petitioner claim.
7. On perusing G.O.M.s.No.1622, it is seen that the candidate who
is possessing P.G Degree with general is eligible and P.G with special branch is
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
also eligible. The relevant portion is extracted hereunder:
“Provided that the Post Graduate degree holders in the Special Branch
of a subject can be considered eligible to be appointed in the Higher
Secondary School to teach the relevant subject in the General Branch”
When the proviso specifically states that the PG holders in the
Special Branch of a subject can be considered, therefore, there is no rhyme or
rhythm to reject the M.Sc., Applied Physics.
8. It is seen after the amendment of Tamil Nadu Government
Servants (Condition of Service) Act, 2016, the Government has every power to
consult the Committee which is constituted under Section 25 (b) (1). Therefore,
this Court is directing the first respondent to place all the papers before the
New Committee which is constituted under Section 25 (b) (1) and thereafter
come to the conclusion. As per the Full Bench Order, the judgment rendered in
the case of Nadar Thanga Shubha Laxman, A Vs. The State of Tamil Nadu
reported in 2014 (3) CTC 433 is that if any equivalency has to be declared, the
same is dated back to the date of passing the degree. Therefore, if once
equivalency is declared, then the petitioner's candidature shall be considered
with the retrospective effect.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
9. Therefore the respondents are directed to place the issue before
the New Committee which is constituted under Section 25 (b) (1) and thereafter
come to the conclusion. If the Committee is granting equivalency, then the
same is dated back to the date of passing the degree, then the petitioner is
eligible for the post. The said exercise shall be considered within a period of 12
weeks from the date of the receipt of the copy of the order.
10. With the above direction, this Writ Petition is disposed of.
There shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
31.03.2022
Index : Yes / No
Internet : Yes/ No
Nsr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
To
1.The Principal Secretary,
The State of Tamil Nadu,
Department of School Education,
Fort St.George,
Chennai – 9.
2.The Chairman,
Teachers Recruitment Board,
BVK Sampath Maligai,
DPI Compound,
College Road,
Chennai – 600 006.
3.The Registrar,
Bharathidasan University,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17903 of 2017
S.SRIMATHY, J.
Nsr
W.P.(MD).No.17903 of 2017
31.03.2022
https://www.mhc.tn.gov.in/judis
