Madras High Court
K.Revathi vs The State Of Tamil Nadu on 3 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.25352 of 2024
and W.M.P.Nos.27702, 27704, 27705 & 27707 of 2024
K.Revathi ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Higher Education K1 Department,
Fort St. George,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
3.Teachers Recruitment Board,
4th Floor, DPI Campus,
College Road, Chennai – 600 006.
4.The Registrar,
Calicut University,
Malappuram,
Kerala – 673 635. ... Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, call for the records of the 1st
respondent in Go. Ms. No. 72, Higher Education (K1) department dated
15.03.2024 insofar as it relates to Item No. 19 stating that B.A. English language
and Literature awarded by University of Calicut is not equivalent to B.A. English
for the purpose of employment in public services and consequential proceedings
of the 3rd respondent in the revised provisional selection list dated 27.07.2024
insofar as it mentions the petitioner's candidature as 'withheld' at S.No.3 therein,
and to quash the same as being illegal and unsustainable in law insofar as
petitioner is concerned and for a consequential direction to treat the petitioner as
eligible for the post of B.T. Assistant for the subject-English for appointment
under the recruitment notification No.3 dated 25.10.2023, issued by the 3rd
respondent herein.
For Petitioner : Ms.N.Kavitha Rameshwar
For Respondents : Mr.K.Surendran
Additional Government Pleader for R1
Mrs.P.Rajarajeswari
Government Advocate for R2
Mr.C.Kathiravan
Standing Counsel for R3
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ORDER
This writ petition has been filed challenging the Government Order issued
by the 1st respondent in G.O.Ms.No.72, dated 15.03.2024 insofar as it relates to
Item No.19 stating that B.A. English language and Literature awarded by
University of Calicut is not equivalent to B.A. English for the purpose of
employment in public services and also the consequential proceedings of the 3rd
respondent issuing the provisional selection list dated 27.07.2024 insofar as
placing the candidature of the petitioner as withheld at Serial No.3 and for a
consequential direction to treat the petitioner as eligible for the post of B.T.
assistant for the subject-English for appointment under the recruitment
notification dated 25.10.2023, issued by the 3rd respondent.
2.Heard Ms.N.Kavitha Rameshwar, learned counsel appearing on behalf of
the petitioner, Mr.K.Surendran, learned Additional Government Pleader
appearing on behalf of the 1st respondent, Mrs.P.Rajarajeswari, learned
Government Advocate appearing on behalf of the 2nd respondent,
Mr.C.Kathiravan, learned Standing Counsel appearing on behalf of the 3rd
respondent.
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3.The issue that is involved in the present writ petition is squarely covered
by the earlier order passed by this Court in W.P.No23520 of 2024, dated
21.08.2024. The relevant portions in the order are extracted hereunder:
5. This Court carefully went through the G.O.No.51,
referred to supra. The Tamil Nadu Public Service Commission
had forwarded the resolutions/recommendations passed by the
Equivalence Committee formed by the Government on
30.05.2012, for considering various Under Graduate
degrees/Post Graduate degrees, etc. awarded by various
universities and educational institutions. While undertaking that
exercise, it was found that the B.Sc. degree granted by the
University of Calicut, is equivalent to the degree granted by the
Madras University.
6. It is true that this exercise had taken place, when the
Tamil Nadu Public Service Commission was in the process of
filling up various posts in the Social Welfare Department.
However, there is absolutely no indication that such
determination will confine itself only to the Social Welfare
Department and will not apply to other Departments.
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7. The process of determining the equivalence in the degree
granted by other universities cannot be compartmentalised
between departments, in view of the fact that it is the same degree
which is taken into consideration while proceeding further with
the appointment by various departments. Therefore, it will be too
naive to say that the determination of equivalence in G.O.No.51,
will apply only to the Social Welfare Department and not to other
departments. If this argument is taken to its logical end, it would
mean that every time a department undertakes a selection
process, an equivalence committee must be constituted to
continuously review the degree granted by other universities. That
will result in absurdity.
8. There is yet another way in which the above issue can be
handled. G.O.No.51 has not been cancelled or withdrawn and
there is an impact on the said G.O., only by virtue of the latter
Government Order issued in G.O.No.36. This Government Order
cannot operate retrospectively and take away the effect of the
earlier Government Order that was issued in G.O.No.51.
9. It is also brought to the notice of this Court that there is
an annexure to the notification issued by the 2nd respondent,
wherein, there is also a reference to G.O.51 which declared the
degree granted by the University of Calicut to be equivalent to the
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corresponding degree granted by the Madras University. This is
yet another point which works in favour of the petitioner.
10. In the light of the above discussion, this Court holds
that the Division Bench judgment that was relied upon by the
learned counsel for the petitioner, squarely covers the issue
involved in this case. In the case in hand, the writ petitioner had
completed B.Sc. (Physics) in the year 2006 itself. This was, in
fact, recognised by the Bharathidasan University, wherein, the
petitioner was allowed to undergo Post Graduate degree and he
had also completed Post Graduation in the year 2015. The degree
that was granted in favour of the petitioner by the University of
Calicut was also held to be equivalent by virtue of G.O.No.51.
The subsequent G.O.No.36 cannot obviously take away the right
vested on the petitioner by the earlier Government Order. This
Government Order can only have a prospective effect.
11. In the result, Sl.No.37 of G.O.36 is held to have only a
prospective effect and it will not take away or affect the degree
obtained by the petitioner, prior to the passing of the said
Government Order. As a consequence, the name of the petitioner
should be brought within the eligible candidates list and should
be considered for appointment to the post of B.T.Assistant
(Physics), if he is otherwise qualified.
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4.In the case in hand, the petitioner had completed her B.A.(English) in the
year 2007 at Calicut University. Thereafter, the petitioner had completed her
M.A. (English) in the year 2011 from Bharathiyar University. The petitioner had
completed her B.Ed., course in the year 2014 at Pondicherry University.
5.The 3rd respondent had published the TNTET notification for writing the
TET examination. The petitioner applied for the same and passed the TET exam
in the year 2017. Thereafter, the petitioner also completed her M.Ed., at Tamil
Nadu Teachers Education University in the year 2022.
6.The 3rd respondent has issued a recruitment notification inviting
applications for the post of Graduate Teacher/B.T. Assistant. The petitioner wrote
the examination and she was also called for the certificate verification. When the
3rd respondent published the revised provisional selection list on 27.07.2024, the
name of the petitioner was mentioned as withheld for production of equivalence
of U.G., degree.
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7.In the case of the petitioner, already G.O.Ms.No.51, dated 14.07.2015
has been issued and the B.A., B.Sc., and B.Ed., degree issued by the University
of Calicut was held to be equivalent to the corresponding degree issued by the
Madras University. In view of the same, the subsequent Government Order in
G.O.Ms.No.72, cannot take away the right vested on the petitioner by the earlier
Government Order. This was the ratio decidendi in the earlier order that was
passed by this Court in W.P.No.23520 of 2024.
8.In the result, S.No.1, Item No.19 of G.O.Ms.No.72, dated 15.03.2024 is
held to have only a prospective effect and it will not take away or affect the
degree obtained by the petitioner prior to the passing of the said Government
Order. The degree obtained by the petitioner has already been held to be
equivalent in G.O.Ms.No.51, dated 14.07.2015. In fact, this degree was
recognised when the petitioner thereafter completed her M.A., from Bharathiyar
University and it was also recognised when the petitioner took the TNTET
examination. As a consequence, the name of the petitioner should be brought
within the eligible candidates list and should be considered for appointment to
the post of B.T. Assistant (English), if she is otherwise qualified.
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9.This writ petition is disposed of with the above directions. No Costs.
Consequently, connected miscellaneous petitions are closed.
03.09.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
ssr
To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Higher Education K1 Department,
Fort St. George, Chennai – 600 009.
2.The Principal Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 600 009.
3.Teachers Recruitment Board,
4th Floor, DPI Campus,
College Road, Chennai – 600 006.
4.The Registrar,
Calicut University,
Malappuram,
Kerala – 673 635.
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N. ANAND VENKATESH, J.
ssr
and W.M.P.Nos.27702, 27704, 27705 & 27707 of 2024
03.09.2024
https://www.mhc.tn.gov.in/judis
