Madras High Court
L.Venkatesan vs The State Of Tamil Nadu on 3 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.28652 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.28652 of 2024
and
W.M.P.No.31247 of 2024
L.Venkatesan
S/o.L.Lakshmaiah ... Petitioner
Vs.
1.The State of Tamil Nadu
represented by its
Principal Secretary to Government,
Higher Education Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2.The Tamil Nadu State Council for Higher Education,
represented by its Member Secretary,
Lady Willingdon College Campus,
Kamarajar Salai, Triplicane,
Chennai - 600 005.
3.The Director for Collegiate Education,
Higher Education,
College Road, Chennai - 600 006.
4.The University of Madras,
represented by its Registrar,
Chepauk, Chennai - 600 005.
5.The Teachers Recruitment Board,
represented by its Member Secretary,
College Road, Chennai - 600 006. ... Respondents
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Writ Petition No.28652 of 2024
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned Government Order issued by the first
respondent in G.O.(Ms) No.212, Higher Education (K1) Department,
dated 17.07.2023 insofar as it relates to item 4 and the same was
communicated by the second respondent vide letter dated 27.07.2023 in
RC No.2152/2023 and quash the same as illegal and unsustainable in law
and consequently, direct the respondents 1 and 2 to issue appropriate
Government Orders to treat the petitioner's B.A. UG Degree (Triple Major
- History, Economics & Political Science) awarded by Sri Venkateswara
University, Tirupathi is equivalent to B.A. Economics so as to enable him
to get regular employment as Assistant Professor in Economics through
the fifth respondent recruitment as per the equivalence certificate issued
by the fourth respondent University dated 27.06.2018.
For Petitioner : Mr.M.R.Jothimanian
For Respondents : Mr.K.Surendran,
Additional Government Pleader [R1 to R3]
Mrs.Shabnam Banu, Standing Counsel [R4]
Mr.C.Kathiravan, Standing Counsel [R5]
*****
ORDER
This writ petition has been filed challenging the impugned
Government Order in G.O.(Ms) No.212, dated 17.07.2023, insofar as it
relates to Item No.4 of the Government Order and the communication of
the second respondent through letter dated 27.07.2023 and for a
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Writ Petition No.28652 of 2024
consequential direction to the respondents 1 and 2 to treat the degree
obtained by the petitioner, which was awarded by Sri Venkateswara
University, Tirupathi, as equivalent to B.A.Economics so as to enable the
petitioner to get regular employment as Assistant Professor in Economics.
2. The case of the petitioner is that he studied and completed
B.A. in History, Economics and Political Science at Sri Venkateswara
University, Tirupathi. Thereafter, he studied, M.A., M.Phil and Ph.D in
Economics in Madras University.
3. The further case of the petitioner is that the fourth
respondent University through certificate dated 27.06.2018 declared that
the B.A. degree obtained by the petitioner from Sri Venkateswara
University, Tirupathi, is considered as equivalent to B.A. (Economics) of
the University of Madras for the purposes of employment.
4. The petitioner was appointed in the post of Guest Lecturer
in Economics in the year 2018. This was based on the Under Graduate
degree obtained by the petitioner from Sri Venkateswara University,
Tirupathi. After joining as a Guest Lecturer, the petitioner subsequently
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Writ Petition No.28652 of 2024
completed M.A. and Ph.D from the University of Madras. The petitioner
was claiming that he is fully eligible for appointment to the post of
Assistant Professor (Economics). The petitioner was directed to get
equivalent Government Order. Hence, the petitioner submitted an
application to the second respondent requesting to declare his Under
Graduate degree as equivalent to B.A.(Economics). Since the same was
not considered, the petitioner filed W.P.No.9888 of 2023 before this
Court. This writ petition was disposed of by an order dated 30.03.2023 in
the following terms:
"5. In view of the above submissions, without expressing
any opinion on the merits of the case, this Court is inclined to pass
an order directing the first respondent to consider the petitioners'
applications dated 03.02.2020 and 29.09.2022 and pass
appropriate orders on their own merits and in accordance with
law, as early as possible, within a period of four weeks from the
date of receipt of a copy of this order."
5. Subsequent to the above order, the impugned Government
Order in G.O.(Ms) No.212, dated 17.07.2023 came to be issued. In this
Government Order, at Item No.4, it was declared that the Under Graduate
degree obtained by the petitioner from Sri Venkateswara University,
Tirupathi, is not equivalent to B.A. (Economics) for the purpose of
employment in public service. Pursuant to this Government Order, the
communication dated 27.07.2023 was issued to the petitioner by the
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Writ Petition No.28652 of 2024
second respondent. It is under these circumstances, the present writ
petition came to be filed before this Court.
6. When the matter came up for hearing on 27.09.2024, this
Court passed the following order:
"Mr.K.Surendran, learned Additional Government Pleader
takes notice for respondents 1 to 3.
2.Mrs.Shabnam Banu, learned Standing Counsel takes
notice for 4th respondent.
3.Mr.C.Kathiravan, learned Standing Counsel takes notice
for the 5th respondent.
4.The issue that is involved in the present writ petition is
squarely covered by the judgment of the Division Bench of this
Court in W.A.No.166 of 2024 dated 12.07.2024.
5.In the case in hand, the University of Madras issued an
equivalence certificate on 27.06.2018 to the effect that the degree
that was acquired by the petitioner from Sri Venkateswara
University, Tirupati, is equivalent to B.A. Degree in Economics of
the University of Madras. However, it is seen that the candidature
of the petitioner is not considered based on G.O.(Ms).No.212
dated 17.07.2023.
6.The very same issue was dealt with by the Division
Bench of this Court in W.A.No.166 of 2024 and the following
findings have been rendered:
“16. The basis on which the Full Bench
proceeded is that when the equivalence
committee had held that the degrees are
equivalent, and if such recommendations are
given only prospective effect it would mean that
the vested rights created from the date of
acquisition of the degrees, would be taken away.
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Writ Petition No.28652 of 2024
Applying the very same logic, and also noting
that a degree issued by a university is to be
treated on par with a decree of a competent
court, it certainly creates vested rights in the
candidate. Moreso, in the present case, when the
university already certified the equivalence
during the relevant point in time, the State
Government cannot nullify such equivalence at
this distance of time by giving its
recommendations retrospective effect. As such,
the impugned order can operate prospectively
alone and cannot affect degrees obtained prior to
the date of the impugned order if the equivalence
have been previously certified either by a
university or competent authority. We find force
in the submission of the counsel for the appellant
that non-equivalence orders issued much later in
time cannot be deemed to be retrospective and
must only be prospective in nature so as not to
take away the rights of candidates like the
appellant who had acquired the said degree as
early as in 2012 when the same was treated as
equivalent to B.Sc. (Physics) and she was also
granted admission to M.Sc. (Physics) based on
such equivalence.
17. It is true that this Court, in exercise of
powers under Article 226 of the Constitution of
India, cannot interfere with the opinion rendered
by the experts in the field. This Court is also not
going into the correctness or otherwise of such
opinion rendered by the experts. But at the same
time, the order issued in G.O. Ms. No.244, Higher
Education (C2) Department dated 07.11.2022,
based on the opinion rendered by the experts,
should not be put against the appellant to
invalidate the otherwise valid degree obtained by
her during the year 2012. In fact, the second
respondent University itself has given
equivalence certificate in favour of the appellant,
based on which she participated in the
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Writ Petition No.28652 of 2024
competitive examination for the purpose of
employment in public services. Therefore, we are
of the view that the opinion rendered by the
experts on 20.10.2022, based on which the
Government issued G.O.Ms.No.244, Higher
Education (C2) Department dated 07.11.2022,
cannot be put against the appellant to deny her
public employment. If at all, the Government
Order in G.O. Ms. No.244, Higher Education
(C2) Department dated 07.11.2022 must be
applied prospectively and not retrospectively to
bring within its sweep the degrees obtained by the
students prior to the issuance of the said
Government Order.”
7.The learned counsel appearing on behalf of the
respondents shall take instructions in this regard.
8.Post this case at the end of the motion list on
03.10.2024."
7. When the matter was taken up for hearing today, learned
Additional Government appearing for respondents 1 to 3 submitted the
written instructions received from the second respondent dated
03.10.2024. The relevant portions are extracted hereunder:
"Furtherance to the above, I am to state that the 15th
Equivalence Committee held on 29.03.2022 passed the following
resolution in respect of Triple Major and Dual Degree Subjects is
as follows:-
"All the Triple major and Dual degree subjects may be
revisited by the Experts Committee members. Resolved to check
with the following points as suggested by the Secretary, Higher
Education and the Vice-Chancellor, University of Madras in the
triple Major subjects.
1. It was suggested to compare the marks statement of the
specific applicant for equivalence in the specified subjects
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Writ Petition No.28652 of 2024
in case of triple major as it may include more of electives
in the curriculum while the actual courses studied may be
less in terms of core component.
2. Resolved that general guidelines may be issued by
TANSCHE to BoS, wherever applicable comparing the
syllabus from the corresponding universities or affiliating
institution under its jurisdiction for objectivity."
Based on the Writ Petition filed by Thiru Venkatesan in the
W.P.No.9888 of 2023, the Tamil Nadu State Council for Higher
Education conducted the meeting of Chairpersons, Board of
Studies in Economics of Tamil Nadu State Universities, to obtain
the recommendations on equivalence between B.A. (History,
Economics, Political Science) awarded by Sri Venkateswara
University, Tirupathi as to whether equivalent to B.A.Economics.
The Chairperson, Board of Studies analyzed the syllabus
studied by the petitioner & marksheets of the petitioner and
unanimously recommended that B.A. (History, Economics,
Political Science) awarded by Sri Venkateswara University to
Thiru.L.Venkatesan enrolled during the year April 2009 (Bearing
Register Number 107042718) is Not Equivalent to B.A.
Economics for the purpose of employment in public services as
the percentage of syllabus similarity between these courses is
30.90%.
The recommendation of the Chairpersons, Board of Studies
- Economics was placed as an agenda in the 20th Equivalence
Committee Meeting held on 12.07.2023. Based on the resolution
passed in the 20th Equivalence Committee Meeting, the
Government issued G.O.(Ms) No.212 Higher Education (K1)
Department, dated 17.07.2023 declaring that B.A. (History,
Economics, Political Science) awarded by Sri Venkateswara
University to Thiru.L.Venkatesan enrolled during the year April
2009 (Bearing Register Number 107042718) is Not Equivalent
to B.A. Economics for the purpose of employment in public
services.
The petitioner has "misinterpreted" that the G.O.(Ms)
No.212 Higher Education (K1) Department, dated 17.07.2023
has been issued without any proper consideration.
I am to state that the G.O. (Ms) No.212 Higher Education
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Writ Petition No.28652 of 2024
(K1) Department, dated 17.07.2023 has been issued by the
Government only on the basis of the views of the Chairpersons,
Board of Studies/ Subject Experts and the resolution passed by the
Equivalence Committee. Therefore, the said G.O. is valid in the
eye of Law."
8. Heard Mr.M.R.Jothimanian, learned counsel for
petitioner, Mr.K.Surendran, learned Additional Government Pleader
appearing for respondents 1 to 3, Mrs.Shabnam Banu, learned Standing
Counsel appearing for fourth respondent and Mr.C.Kathiravan, learned
Standing Counsel appearing for fifth respondent.
9. The short issue that arises for consideration is as to
whether the claim made by the petitioner for being appointed to the post
of Assistant Professor is not sustainable in view of G.O.(Ms) No.212,
dated 17.07.2023 or on the other hand, such claim made by the petitioner
can be considered in the light of the equivalence certificate granted by the
University of Madras, dated 27.06.2018.
10. In the written instructions received from the second
respondent, the respondents have taken a stand that the claim made by
the petitioner was considered by the equivalence committee consisting of
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Writ Petition No.28652 of 2024
experts and it was found that the Under Graduate degree obtained by the
petitioner is not equivalent to B.A.(Economics) for the purpose of
employment in public services. In view of the same, the respondents have
taken a stand that such decision taken by the experts cannot be made a
subject matter of challenge in the writ petition.
11. The issue that is involved in the present case is squarely
covered by the judgment of the Division Bench and the relevant portions
have also been extracted in the earlier order passed on 27.09.2024.
12. In the case before the Division Bench, the petitioner had
also acquired the Under Graduate degree/B.Sc. (Physics). This degree
obtained by the petitioner therein was not considered to be equivalent by
virtue of G.O.(Ms) No.244, dated 07.11.2022, based on the opinion
rendered by the experts in the committee. Apart from that, the University
of Madras had issued an earlier certificate stating that the Under
Graduate degree obtained by the petitioner is valid and it is equivalent to
B.Sc. (Physics). Considering the same, this Court had held that
G.O.(Ms.)No.244, dated 07.11.2022, can only have a prospective effect
and it cannot be made operational retrospectively. Accordingly, the
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Writ Petition No.28652 of 2024
Division Bench directed the candidature to be considered based on the
equivalence certificate given by the University.
13. In the instant case, the Under Graduate degree obtained
by the petitioner has already been held to be equivalent by the University
of Madras as early as in the year 2018. For proper appreciation, the
certificate issued by the University of Madras is extracted hereunder:
"He is informed that as per the remarks of the Chairperson,
Board of Studies in Economics (UG), the B.A. degree course
(Triple Major - History, Economics and Political Science)
awarded to him by Sri Venkateswara University, Tirupati is
considered as equivalent to B.A., degree in Economics of this
University for the purpose of employment; provided he has passed
the said degree after undergoing 10+2+3 (or) 11+2+3 pattern of
study."
14. In the light of this certificate issued by the University of
Madras, the subsequent Government Order in G.O.(Ms.) No.212, dated
17.07.2023, cannot be put against the petitioner. This Government Order
will only have a prospective effect. In fact, with the Under Graduate
degree awarded by Sri Venkateswara University, Tirupathi, the petitioner
was thereafter admitted to the Post Graduate degree in M.A. (Economics)
by the fourth respondent University. He completed the same and
thereafter, he has also completed Ph.D (Economics). Therefore, the
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Writ Petition No.28652 of 2024
University had recognised the Under Graduate degree, which led to the
petitioner obtaining higher qualifications thereafter.
15. In the light of the above discussion, this Court holds that
G.O.(Ms) No.212, dated 17.07.2023, cannot take away the right vested
on the petitioner by the University of Madras through certificate dated
27.06.2018. As a consequence, the petitioner will be entitled to be
considered for employment as Assistant Professor (Economics), if he is
otherwise qualified.
This writ petition is allowed in the above terms. No costs.
Consequently, connected miscellaneous petitions are closed.
03.10.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
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Writ Petition No.28652 of 2024
To
1.The Principal Secretary to Government,
Higher Education Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2.The Member Secretary,
Tamil Nadu State Council for Higher Education,
Lady Willingdon College Campus,
Kamarajar Salai, Triplicane,
Chennai - 600 005.
3.The Director for Collegiate Education,
Higher Education,
College Road, Chennai - 600 006.
4.The Registrar,
University of Madras,
Chepauk, Chennai - 600 005.
5.The Member Secretary,
Teachers Recruitment Board,
College Road, Chennai - 600 006.
N.ANAND VENKATESH, J
gm
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Writ Petition No.28652 of 2024
Writ Petition No.28652 of 2024
03.10.2024
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