Madras High Court
K.M.Manoj vs The Chairman on 2 August, 2023
W.P.No.19900 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.19900 of 2020
and
W.M.P.Nos.24567 & 24568 of 2020
1.K.M.Manoj
2.R.Keerthiga
3.T.Shiyamala ... Petitioners
Vs.
The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Mount Salai, Guindy,
Chennai – 600 032. … Respondent
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Mandamus directing the respondent to consider the
petitioners for appointment to the post of Assistant Engineer by treating the
Master's Degree in Environmental Engineering and Management as a valid
educational qualification for the post of Assistant Engineer pursuant to the
Notification issued by the respondent in Notification No.02/2019 dated
05.03.2020 for direct recruitment to the post of Assistant Engineer.
Page No.1 of 11
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W.P.No.19900 of 2020
For Petitioners : Mr.N.subramaniyan
For Respondent : M/s.Vijayakumar Natarajan
ORDER
This writ petition has been filed by the petitioners seeking direction to
the respondent to consider the petitioners for appointment to the post of
Assistant Engineer by treating the Master's Degree in Environmental
Engineering and Management as a valid educational qualification for the post
of Assistant Engineer pursuant to the Notification issued by the respondent in
Notification No.02/2019 dated 05.03.2020 for direct recruitment to the post
of Assistant Engineer.
2. Learned counsel for the petitioner submitted that the petitioners are
holders of Master's Degree in Environmental Engineering and Management
issued by Anna University. They have studied the said course in the
Coimbatore Institute of Technology, affiliated to Anna University, through
regular stream. The first respondent issued notification No.2 of 2019 dated
05.03.2020, inviting applications through online mode upto 26.03.2020 for
direct recruitment to the post of Assistant Engineer – 78 vacancies,
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W.P.No.19900 of 2020
Environmental Scientist – 70 posts, Assistant (Junior Assistant) – 38
vacancies and Typist – 56 vacancies. Educational qualification prescribed
for the said posts notified are as follows:
Sl.No. Name of the Post Qualification
1 Assistant Engineer Basic qualification should be a Bachelor's
Degree in Civil Engineering or Chemical
Engineering or Environmental Engineering, and
Master's Degree in Environmental Engineering /
Chemical Engineering / M.Tech. Environmental
Science and Technology awarded by Anna
University / M.TEch. Petroleum Refining and
Petrochemicals awarded by Anna University /
M.E. Environmental Management awarded by
Anna University
2 Environmental Scientist Master's Degree in Science in any one of the
following disciplines
(1) Chemistry
(2) Biology
(3) Zoology
(4) Environmental Chemistry
(5) Environmental Science
(6) Environmental Toxicology
(7) Microbiology
(8) Marine Biology
(9) Bio-Chemistry
(10) Analytical Chemistry
(11) Applied Chemistry
(12) Botany
3 - -
4 - -
2.2. In pursuant to the said notification, the petitioners herein applied
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W.P.No.19900 of 2020
for the post of Assistant Engineer and Environmental Scientist. The
petitioners were successful in the written examination and they were called
for Certificate Verification. However, to the shock and surprise, during
Certificate Verification, the petitioners were informed that their Master's
Degree cannot be considered to be a requisite qualification for the post of
Assistant Engineer and Environment Scientists as per the Notification.
Therefore, the petitioners have come forward with the present writ petition.
3. Learned counsel appearing for the respondent has submitted that
earlier a batch of writ petitions have been filed before this Court in
W.P.Nos.17657 of 2020 etc., batch. The Hon'ble Single Judge of this Court,
after elaborate discussions, by order dated 21.04.2022 has dismissed the writ
petitions.
4. Learned counsel appearing for the respondent submitted that the the
order issued by this Court is squarely applicable to the facts of the case on
hand, therefore similar relief may be granted in the present writ petition. The
relevant portions of the order is extracted hereunder:
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W.P.No.19900 of 2020
18.2. The Hon'ble Division Bench of this Court, in the
penultimate paragraphs, had observed as follows:
“13. This Court is of the view that the question of
considering equivalence is purely in the exclusive domain of
the experts in the field of education. That is the reason why,
Equivalence Committee has been constituted and it is also
stated to be periodically convened, and on the basis of the
recommendation of such committee, orders are issued by the
Government. Further, the Court, exercising powers under
Article 226 of the Constitution, is not an expert body to sit in
judgment over educational matters and compel the
educational authorities, to treat any degree or programme, as
equivalent to the other, for the purpose of pursuing higher
studies or employment, as the case may be.
14. Needless to say that it is the prerogative of the
employer to prescribe the age, educational qualifications etc.,
for appointment to a post. Reference can be made to a decision
of the Hon'ble Supreme Court in P.U.Joshi v. Accountant
General reported in 2003 (2) SCC 632, where the Hon'ble
Supreme Court, at Paragraph 10, held as follows:
"10. Questions relating to the constitution, pattern,
nomenclature of posts, cadres, categories, their
creation/abolition, prescription of qualifications and other
conditions of service including avenues of promotions and
criteria to be fulfilled for such promotions pertain to the field
of policy is within the exclusive discretion and jurisdiction of
the State, subject, of course, to the limitations or restrictions
envisaged in the Constitution of India and it is not for the
statutory tribunals, at any rate, to direct the Government to
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W.P.No.19900 of 2020
have a particular method of recruitment or eligibility criteria
or avenues of promotion or impose itself by substituting its
views for that of the State. Similarly, it is well open and within
the competency of the State to change the rules relating to a
service and alter or amend and vary by addition/subtraction
the qualifications, eligibility criteria and other conditions of
service including avenues of promotion, from time to time, as
the administrative exigencies may need or necessitate.
Likewise, the State by appropriate rules is entitled to
amalgamate departments or bifurcate departments into more
and constitute different categories of posts or cadres by
undertaking further classification, bifurcation or amalgamation
as well as reconstitute and restructure the pattern and
cadres/categories of service, as may be required from time to
time by abolishing the existing cadres/posts and creating new
cadres/posts. There is no right in any employee of the State to
claim that rules governing conditions of his service should be
forever the same as the one when he entered service for all
purposes and except for ensuring or safeguarding rights or
benefits already earned, acquired or accrued at a particular
point of time, a government servant has no right to challenge
the authority of the State to amend, alter and bring into force
new rules relating to even an existing service.”
(emphasis supplied)
The Division Bench of this Court in the aforesaid
decision has laid down the principle that “the question of
considering equivalence is purely in the exclusive domain of
the experts in the field of education. That is the reason why,
Equivalence Committee has been constituted and it is also
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W.P.No.19900 of 2020
stated to be periodically convened, and on the basis of the
recommendation of such committee, orders are issued by the
Government”. The aforesaid decision of the Division Bench of
this Court squarely applies to the facts of the present cases.
20. It is to be pointed out at this juncture that in
pursuant to the interim order passed by this Court dated
16.03.2021, the results of the selection proceeds are kept in a
sealed cover and it is under safe custody in the office of the first
respondent/TNPCB. As rightly contended by the learned
counsel for the implead petitioners / selected candidates, in the
light of the interim order passed by this Court, the entire
selection process has been stalled for the past two years and the
posts could not be filled up in the category of Assistant
Engineers and Environmental Scientists.
21. In the light of the above factual position and the
aforesaid decision of the Division Bench of this Court, the
contention of the petitioners challenging the constitution of
Equivalence Committee, vide impugned Government Order in
G.O. (Ms.)No.93, Higher Education (K2) Department dated
30.05.2019, lacks merit and substance. It is trite law that this
Court, in exercise of its jurisdiction under Article 226 of the
Constitution of India, will not normally interfere or analyze the
opinion given by the experts. This Court finds no reason to
interfere with the impugned notification of the second
respondent/TNPCB and there is no arbitrariness in the
constitution of the Equivalence Committee, vide G.O.(Ms.)
No.93, Higher Education (K2) Department dated 30.05.201 and
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W.P.No.19900 of 2020
finds no merit in these writ petitions.
23. These Writ Petitions stands dismissed with the above
directions. No costs. Interim Orders already granted stands
vacated and consequently, connected miscellaneous petitions
are also dismissed.”
5. Heard the learned counsel on either side and perused the materials
available on record.
6. Considering the facts and circumstances of the case and the
submissions made by the learned counsel on either side and in the light of the
order of the Hon'ble Single Judge of this Court passed in W.P.Nos.17657 of
2020 and etc., batch, this writ petition stands dismissed.
7. In the result, this writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
02.08.2023 (vm)
Index : Yes/No
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W.P.No.19900 of 2020
Speaking Order : Yes/No
To:
The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Mount Salai, Guindy,
Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
W.P.No.19900 of 2020
J.SATHYA NARAYANA PRASAD,J.
vm
W.P.No.19900 of 2020
https://www.mhc.tn.gov.in/judis
W.P.No.19900 of 2020
02.08.2023
https://www.mhc.tn.gov.in/judis
