Madras High Court
A.Divyabharathi vs The Government Of Tamil Nadu on 9 January, 2023
W.P.(MD)No.19457 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.01.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.19457 of 2017 and
W.M.P.(MD)Nos.15756 to 15758 of 2017
A.Divyabharathi ... Petitioner
vs.
1.The Government of Tamil Nadu,
represented by its Secretary to Government,
School Education Department,
Secretariat, Chennai-600 009.
2.The Teachers Recruitment Board,
represented by its Chairman,
4th Floor, E.V.K.Sampath Maaligai,
DPI Compund, College Road,
Chennai-600 006.
3.The Director of School Education,
DPI Compound, College Road,
Chennai-600 006.
4.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
1/10
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W.P.(MD)No.19457 of 2017
New Delhi-110 002.
5.The Registrar,
SASTRA University,
Tirumalaisamudram,
Thanjavur-613 401. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records relating to the
“Certificate Verification Result” published by the 2nd respondent in the website of
the Teachers Recruitment Board, declaring the petitioner (ie., Roll No.
17PG22020548) as "Not selected" for appointment to the post of Post Graduate
Teacher (English) for the year 2016-2017 and quash the same and consequently,
to direct the respondents 1 to 3, to appoint the petitioner as Post Graduate
Assistant (English) for the year 2016-2017 based on the Advertisement No.3 of
2017, dated 09.05.2017 and to grant all the service and monetary benefits with
effect from the date of appointment of other selected candidates to the post of
Post Graduate Assistant (English) for the year 2016-2017 within a time limit to be
fixed by this Court.
For Petitioner : Mr.B.Karunanithi
For R1 and 3 : Mr.S.Kameswaran
Government Advocate
For R2 : Mr.V.R.Shanmuganathan
For R4 and 5 : No appearance
*****
2/10
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W.P.(MD)No.19457 of 2017
ORDER
This writ petition is filed for issuance of a writ of Certiorarified Mandamus,
to quash the “Certificate Verification Result” published by the 2nd respondent in
the website of the Teachers Recruitment Board, declaring the petitioner as "Not
selected" for appointment to the post of Post Graduate Teacher (English) for the
year 2016-2017 and consequently, to direct the respondents 1 to 3, to appoint the
petitioner as Post Graduate Assistant (English) for the year 2016-2017 based on
the Advertisement No.3 of 2017, dated 09.05.2017 and to grant all the service and
monetary benefits with effect from the date of appointment of other selected
candidates to the post of Post Graduate Assistant (English) for the year
2016-2017 within a time limit to be fixed by this Court.
2. The petitioner's candidature to the post of P.G. Assistant (English) for the
academic year 2016-2017 was rejected for the reason that the petitioner's
qualification is not equivalent to the qualification prescribed for the said post.
The petitioner after passing Higher Secondary in May 2009, had joined M.A.
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W.P.(MD)No.19457 of 2017
(English). B.Ed., (Integrated Course) Sastra University in May 2014 and had
passed M.A.(English). B.Ed., (Integrated Course) and also possessing UGC-NET.
The 2nd respondent has issued Advertisement No.3 of 2017, dated 09.05.2017,
inviting applications to the post of P.G. Assistants (English). In the application,
the petitioner has specifically stated that she had completed UG, PG i.e. M.A. and
B.Ed. Degree (Integrated Course). However, the petitioner was not selected and
the reasons stated that integrated UG, PG and B.Ed., five years Course 5 years
cannot be considered as completed as 10+2+3+2+1. The claim of the petitioner is
that the Bharathidasan University, Trichy, has M.A., B.Ed., Degree as
qualification and also granted approval in the order, dated 06.09.2017. In spite of
the same, the respondents have not selected the petitioner. Aggrieved over the
same, the present writ petition is filed.
3. At the time of admission, this Court has granted an interim order,
wherein it is stated that any appointment made to the post of P.G. Assistant
(English) shall be subject to the result of final order of this writ petition.
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W.P.(MD)No.19457 of 2017
4. The 2nd respondent has filed a counter affidavit stating that the petitioner
has completed M.A. English and B.Ed., (Integrated Course) and has completed 2
degrees within a span of five years. As per the rules in force, a candidate should
possess M.A./M.Sc./M.Com. in relevant subject with B.Ed. Degree can compete
for both B.T. / P.G. Assistant post provided, they should have studied the subject
in Bachelors Degree and Masters Degree. Therefore, the candidate studying in
distance mode on acquiring B.Ed., degree during the course of M.A., distance
mode making them eligible for B.T. Assistant. The purpose of doing B.Ed. Course
in the course period of M.A. or before acquiring the M.A. degree in the distance
mode is to make themselves eligible for appointment as B.T. Assistant before
hand or to become senior to the candidate who acquired the two degrees in
regular stream in different years. The candidates in distance mode were allowed
to do simultaneous degree and, in this way, they would finish B.Ed. one year
earlier and become senior than the regular stream candidates. Hence there would
be special concession special concession to them than the regular stream
candidates. Hence the respondents prayed to dismiss the writ petition.
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W.P.(MD)No.19457 of 2017
5. Heard Mr.B.Karunanithi, learned Counsel appearing for the petitioner,
Mr.S.Kameswaran, learned Government Advocate appearing for respondents 1
and 3 and Mr.V.R.Shanmuganathan, learned Counsel appearing for second
respondent.
6. The learned Counsel appearing for the petitioner relied on G.O.Ms.No.
75, Personnel and Administrative Reforms (M) Department, dated 30.06.2011,
wherein the Secretary of Tamil Nadu Public Service Commission has informed
that the Equivalence Committee in its meeting held on 25.01.2011, has passed the
following resolution:
“Resolution No.6:
Consideration of the following 5 year integrated courses offered by
Annamalai University as equivalent to corresponding U.G. degree for the
purpose of employment in Public Services.
Recommendation:
To recommend to Government to consider the candidates to be
eligible for the posts where degree is prescribed.”
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W.P.(MD)No.19457 of 2017
7. After careful consideration, the Government has decided to accept the
recommendation of Equivalence Committee and directed the 5 years integrated
courses offered by Annamalai University mentioned in the para 2 of the G.O. as
equivalent to corresponding U.G. Degree for considering the candidates to be
eligible for the posts where degree is prescribed. Based on this G.O., the learned
Counsel appearing for the petitioner submitted that the degree (Integrated course)
obtained by the petitioner is equivalent to U.G. degree.
8. The learned Counsel appearing for the petitioner further referred to the
judgment rendered by the Honourable Full Bench of this Court in W.P.(MD)No.
16181 of 2013 dated 29.11.2013 in Nadar Thanga Shubha Lakshman.A Vs The
State of Tamil Nadu reported in 2014 3 CTC 433, wherein it has been held that
once equivalency is granted by the Equivalence Committee, it cannot be stated it
will be granted only prospectively and it is applicable from the date of acquisition
of the degree. Therefore, the learned Counsel appearing for the petitioner prayed
to allow the writ petition. Based on the judgment, this Court has also considered a
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W.P.(MD)No.19457 of 2017
case in W.P.(MD)No.17903 of 2017, vide order, dated 31.03.2022, and also in
W.P.(MD)No.3639 of 2014 vide order dated 19.10.2022 has held if once
equivalency is declared, the petitioner's candidature ought to be considered with
retrospective effect. As far as equivalency for the Course studied in Sastra
University is concerned, G.O.Ms.No.259, Higher Education (K1) Department,
dated 21.12.2021, states as under:
“30.Public Services- Educational Qualification-
Consideration of M.A., B.Ed., (5 year integrated) offered by SASTRA
Deemed to be University as to whether equivalent to B.Ed (One
year) for the purpose of employment in Public Services. -
Equivalent.”
9. Therefore, this Court is of the considered opinion that the impugned
order passed by the 2nd respondent rejecting the candidature of the petitioner is
erroneous and against the dictum rendered in the Hon’ble Full Bench judgment.
Hence, the impugned order is quashed, as far as the petitioner is concerned. The
second respondent is directed to select the petitioner and pass orders within a
period of two weeks from the date of receipt of a copy of this order and forward
the list to the appropriate appointing authority. The appointing authority shall
shall issue appointment order within a period of two weeks thereafter. However, it
is made clear that the petitioner is entitled to all service and monetary benefits
from the date of issuance of appointment order. If the respondents delay in
granting appointment order from the above prescribed time, the petitioner is
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W.P.(MD)No.19457 of 2017
entitled to compensation.
10.With the above said observation, the writ petition is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 09.01.2023
Internet : Yes
Tmg
To
1.The Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Secretariat, Chennai-600 009.
2.The Director of School Education,
DPI Compound, College Road,
Chennai-600 006.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19457 of 2017
S.SRIMATHY, J
Tmg
W.P.(MD)No.19457 of 2017
09.01.2023
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