Madras High Court
K.Manimekalai vs The State Of Tamil Nadu on 9 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.26310 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.26310 of 2024
and
W.M.P.Nos.28743, 28745, 28747 & 28748 of 2024
K.Manimekalai
D/o.N.Kaladurai ... Petitioner
Vs.
1.The State of Tamil Nadu,
represented by its
Principal Secretary to Government,
Higher Education K2 Department,
Fort St.George, Chennai - 600 009.
2.The State of Tamil Nadu,
represented 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,
Avinashilingam University for Women,
Coimbatore District. ... Respondents
https://www.mhc.tn.gov.in/judis
1/8
Writ Petition No.26310 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 of the first respondent in G.O.Ms.No.66, Higher Education
(K2) Department, dated 24.04.2019 insofar as it relates to Agenda No.26
stating that B.A.Tamil and Economics awarded by Avinashilingam
Institute for Home Science and Higher Education for Women (Deemed to
be University) is 'not equivalent' to BA Tamil for the purpose of
employment in public services and consequential proceedings of the third
respondent in publishing the 'ineligible list' for the subject Tamil in
S.No.3 dated 23.08.2024 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 - Tamil for appointment under the
recruitment notification dated 25.10.2023 issued by the third respondent
herein.
For Petitioner : Mrs.N.Kavitha Rameshwar
For Respondents : Mr.K.Surendran,
Additional Government Pleader [R1]
Mrs.S.Mythreya Chandru
Special Government Pleader [R2]
Mr.K.Sathish Kumar
Standing Counsel[R3]
*****
ORDER
Considering the fact that the issue involved in this writ petition
is squarely covered by the earlier order passed by this Court in
W.P.Nos.15518 & 22666 of 2024 dated 05.09.2024, the main writ
petition itself is taken up for final hearing.
https://www.mhc.tn.gov.in/judis
Writ Petition No.26310 of 2024
2. This writ petition has been filed challenging the Government
Order issued by the first respondent in G.O.Ms.No.66, dated 24.04.2019
insofar as it relates to Agenda No.26 and the proceedings of the third
respondent dated 23.08.2024 pertaining to Sl.No.3 where the name of the
petitioner was included in the ineligible list and for a consequential
direction to the respondents to treat the petitioner as eligible to the post
of B.T.Assistant for subject - Tamil under recruitment notification dated
25.10.2023 issued by the third respondent.
3. Heard Mrs.N.Kavitha Rameshwar, learned counsel for
petitioner, Mr.K.Surendran, learned Additional Government Pleader
appearing for first respondent, Mrs.S.Mythreya Chandru, learned
Special Government Pleader appearing for second respondent and
Mr.K.Sathish Kumar, learned Standing Counsel appearing for third
respondent.
4. The case of the petitioner is that she completed B.A.(Tamil
and Economics) in the year 2007 from Avinashilingam University for
Women. Thereafter, the petitioner completed her B.Ed. course in the year
2008 from Bharathiyar University. The petitioner already cleared the
TET paper -II conducted by third respondent in the year 2013.
https://www.mhc.tn.gov.in/judis
Writ Petition No.26310 of 2024
5. The third respondent issued the notification dated
25.10.2023 inviting applications for the post of Graduate Teacher –
B.T.Assistant. The petitioner applied for the post and the petitioner had
specifically applied under the PSTM category. The further case of the
petitioner is that she belongs to BC community. The petitioner wrote the
examination and secured 93 marks and along with the weightage marks
she secured 93.50 marks. The petitioner was also called for certificate
verification and she produced all the original records.
6. The name of the petitioner was not considered for selection
and it was found ineligible on the ground that the petitioner did not
obtain equivalence Government Order for the Under Graduation degree.
Earlier, the petitioner filed W.P.No.17042 of 2024 for a direction to
consider the Under Graduation degree obtained by the petitioner from
Avinashilingam University for Women. This writ petition was not
entertained and the petitioner was granted liberty to challenge the
equivalence G.O.Ms.No.66, dated 24.04.2019.
7. The third respondent also published the ineligible list on
23.08.2024 and the name of the petitioner was mentioned in Sl.No.3. The
https://www.mhc.tn.gov.in/judis
Writ Petition No.26310 of 2024
petitioner was found ineligible on the ground that the Under Graduation
degree is not equivalent as per G.O.Ms.66, dated 24.04.2019. Aggrieved
by the same, the present writ petition has been filed before this Court.
8. The issue that is involved in the present writ petition is
squarely covered by the earlier order passed in W.P.Nos.15518 & 22666
of 2024 dated 05.09.2024. The relevant portion is extracted hereunder:
"12. G.O.Ms.No.52, dated 31.01.1996 was issued by
the Government of Tamil Nadu. It has been specifically stated in
this Government Order that B.A., B.Sc., B.Com., B.Ed., etc.,
degree courses conducted by Avinashilingam Institute for Home
Science and Higher Education for Women, Coimbatore will be
recognised for the purpose of employment in public services. This
Government Order does not specifically deal with any specialised
subject and it generally states that all the above degrees will be
recognised for the purpose of employment in public services.
Thus, the Government Order was very widely worded.
13. There was a subsequent order issued in
G.O.Ms.No.56, dated 24.04.2012. This Government Order stated
that B.Ed., (Special Education) course awarded by any University
will be considered to be equivalent to B.Ed., (General Education)
for the purpose of employment in public services.
14. The notification issued by the 2nd respondent dated
25.10.2023 states that a candidate must possess the qualification
of graduation with atleast 50% marks and B.Ed., (Special
Education). As per G.O.Ms.No.36, dated 15.02.2023 and
particularly in Item No.35 it has been mentioned that B.Sc.,
Special Education and Rehabilitation and Physics offered by
Avinashilingam Institute for Home Science and Higher Education
for Women is not equivalent to B.Sc., Physics for the purpose of
employment in public services.
https://www.mhc.tn.gov.in/judis
Writ Petition No.26310 of 2024
15. The issue involved is as to whether this
Government Order issued in G.O.Ms.No.36, dated 15.02.2023,
will supplant the earlier Government Order and will take away
the benefit acquired in the earlier Government Order.
16. The above issue is no longer res integra and it has
been dealt with in detail in W.P.No.23520 of 2024, dated
21.08.2024. This Court considered the degree that was given by
the University of Calicut which was considered to be equivalent
by an earlier Government Order. A later Government Order was
issued in the year 2022, wherein, it was stated that the earlier
Under Graduation received from University of Calicut is not
equivalent. This Court held that the later Government Order can
have only a prospective effect. This Court in order to arrive at
such a finding relied upon the judgment of the Division Bench in
W.A.No.166 of 2024, dated 12.07.2024.
17. The above judgment will squarely apply to the
facts of the present case. The advantage that enured in favour of
the petitioner by virtue of G.O.Ms.No.52, dated 31.01.1996
cannot be taken away by the subsequent Government Order that
was issued in G.O.Ms.No.36, dated 15.02.2023."
9. Learned counsel for third respondent submitted that the facts
are different between the earlier case and this case. Learned counsel
submitted that in the instant case, the petitioner was found ineligible by
virtue of G.O.Ms.No.66, dated 24.04.2019. Therefore, even at the time
when the notification was issued by the third respondent on 25.10.2023,
this Government Order was in force. As a consequence, the petitioner has
to necessarily obtain equivalence Government Order for the Under
Graduation degree failing which the petitioner cannot seek for
entertaining her candidature for selection.
https://www.mhc.tn.gov.in/judis
Writ Petition No.26310 of 2024
10. There is absolutely no difference on the actual issue that is
involved in this writ petition and the earlier writ petition that was
decided by this Court in W.P.Nos.15518 & 22666 of 2024. In both these
cases, the issue under consideration is as to whether the relevant
Government Order will have a prospective effect or retrospective effect.
This Court has held that the Government Order will only have a
prospective effect. Therefore, the Under Graduation degree obtained by
the petitioner, which was found to be equivalent under G.O.Ms.No.52,
dated 31.01.1996 cannot be supplanted by the subsequent G.O.Ms.No.66,
dated 24.04.2019. Hence, the difference in the dates in both cases on
which the Government Order was passed is not a determining factor to
decide the issue that is involved in the present case.
11. In the light of the above discussion, this Court holds that
the petitioner has the necessary educational qualification and it is not
necessary for the petitioner to get an equivalence as per G.O.Ms.No.66,
dated 24.04.2019 which only has a prospective effect. 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 (Tamil), if she is otherwise qualified, forthwith.
https://www.mhc.tn.gov.in/judis
Writ Petition No.26310 of 2024
N.ANAND VENKATESH, J
gm
This writ petition is disposed of with the above direction. No
costs. Consequently, connected miscellaneous petitions are closed.
09.09.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Principal Secretary to Government,
Higher Education K2 Department,
Fort St.George, Chennai - 600 009.
2.The 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.
Writ Petition No.26310 of 2024
https://www.mhc.tn.gov.in/judis
