Madras High Court
E.E.Gopi vs The State Of Tamilnadu Rep. By on 27 February, 2025
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.8343 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.02.2025
Coram:
THE HONOURABLE Mrs.V.BHAVANI SUBBAROYAN
W.P.No. 8343 of 2023
E.E.Gopi ...Petitioner
Vs.
1. The State of Tamilnadu rep. By
Principal Secretary to Government,
Higher Education Department,
Fort St. George, Chennai – 600 009
2. Teachers Recruitment Board,
rep. By its Chairman,
3rd Floor, Puratchi Thalaivar
Dr.MGR Centenary Building,
DPI campus, College Road,
Chennai - 600 006
3. Equivalence Committee
Tamilnadu State Higher Education Council,
rep. By its Vice Chairman,
Ladu Wellington College Campus,
Kamarajar Salai, Triplicane, Chennai – 600 005
4. Sri Venkateswara University,
rep. By its Registrar, Tirupati – 517 502
(R4 impleaded vide order dated 12.04.2023
made in WMP No.10959 of 2023 in W.P.
No.8343 of 2023 by PDAJ)
Page 1 / 14
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W.P.No.8343 of 2023
5. The Registrar,
University of Madras,Chennai -5
(R5 – Suo motu impleaded as per order
dated 28.11.2024 in W.P.No.8343 of 2023
by VBSJ) ...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of
a Writ of Certiorarified Mandamus by calling for the records relating to
G.O.Ms.No.36 Higher Education (K1) department dated 15.02.2023 issued by the
1st respondent in so far as resolution no.69 is concerned and quash the same and
consequently direct the 2nd respondent to delete the remark withheld in the
provisional selection list for direct recruitment for the post of post graduate
assistant in political science dated 20.11.2019 against the name of the petitioner
and issue appointment order to the petitioner as post graduate assistant in
political science pursuant to Notification No.10/2019 dated 12.06.2019 within a
time frame to be fixed by this Court. [Prayer amended as per order dated
03.04.2023 in W.M.P.No. 9429/23 in W.P.No.8343 of 2023 by PDAJ]
For Petitioner : Mrs.Nalini Chidambaram
Sr.Counsel for
Mrs.C.Uma
For Respondents : Mr.R.Siddharth for R1 to R3
Government Advocate
Mrs.V.Sudha for R5
Standing Counsel
ORDER
The present Writ Petition is filed for an issuance of Writ of Certiorarified
Mandamus by calling for the records relating to G.O.Ms.No.36 Higher Education
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(K1) department dated 15.02.2023 issued by the 1st respondent in so far as
resolution no.69 is concerned and quash the same and consequently direct the
2nd respondent to delete the remark withheld in the provisional selection list for
direct recruitment for the post of post graduate assistant in political science dated
20.11.2019 against the name of the petitioner and issue appointment order to the
petitioner as post graduate assistant in political science pursuant to Notification
No.10/2019 dated 12.06.2019 within a time frame to be fixed by this Court.
2. The brief facts of the case, as averred by the petitioner are as follows:-
(I) The petitioner has completed B.A degree in History, Economics, Political
Science from Sri Venkateswara University from Tirupathi, State of Andhra
Pradesh in the year 2001. The petitioner completed B.Ed. in the year 2009 and in
the year 2014 he had also completed M.A Political Science and Public
Administration from Sri Venkateswara University, Tirupathi, State of Andhra
Pradesh. The 2nd respondent has issued notification No. 10/2019, dated
12.06.2019 inviting applications for the post of Graduate Assistant in School
Department for the year 2018-2019 to fill up 2144 vacancies. In particular 14
vacancies were set apart for the post of PG Assistant in Political Science. The
qualification of the said post was 50% of marks in Post Graduate degree from a
recognized University and Bachelor of Education from National Council for
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Teacher Education recognized institution. Also, the master degree and Bachelor
degree should be in the same subjects or its equivalent.
(ii) The petitioner appeared in the computer-based examination held on
27.11.2019 and secured 92 marks out of 150.The petitioner’s name was included
in the provisional list with the remark “WITHHELD” in the BC category, dated
20.09.2019 on the ground to produce an equivalent G.O that M.A Political
Science and Public Administration from Sri Venkateswara University,Tirupathi is
equal to M.A degree Political Science. Aggrieved by the same the petitioner had
filed a W.P No. 6614 of 2020 . The said writ petition was disposed by the order
dated 21.07.2022, stating that the petitioner has produced G.O.Ms.No.33, Higher
Education Department dated 15.02.2021 that the M.A Political Science and
Public Administration from Sri Venkateswara University, Tirupathi, State of
Andhra Pradesh, is equivalent to M.A Political Science for the purpose of
employment in Public Service. Hence the respondents therein were directed to
consider the claim of the petitioner and if eligible, directed to pass appropriate
orders within a period of six weeks. The same was not complied with, hence, the
petitioner filed a contempt petition No. 2795 of 2022. The contempt petition was
disposed by the order dated 03.02.2023 stating the there shall be a direction to
the equivalence committee to consider the application submitted by the petitioner
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and issue an equivalence certificate if he satisfies the requirement.
(iii) Subsequently a GO.Ms.No 34, Higher education department, dated
15.02.2021 has been passed, based on the recommendation of the equivalence
committee wherein the Resolution No.3 is extracted hereunder:-
Resolution No.3:
“Public Services - Educational Qualification - Consideration of B.A. (History,
Economics, Political Science) offered by Sri Venkateswara University,
Tirupati B.A. Political Science for the purpose of employment in Public
Services Not Equivalent"
On account of the above resolution the selection of the petitioner for the post of
PG Assistant had been withheld. Subsequently the 2nd respondent by the letter
dated 15.03.2021 directed the petitioner to produce GO that the B.A degree in
History, Economics, Political Science from Sri Venkateswara University from
Tirupathi, State of Andhra Pradesh is equivalent to B.A Political Science. Another
letter for the same with ref.no 4235 /E3/2018 was sent to the petitioner.
(iv) Further, GO.MS.No.243, Higher education Department, dated
07.11.2022 has been passed with reference to other courses offered by Sri
Venkateswara University, Tirupathi, State of Andhra Pradesh equivalent for the
purpose of employment in Public Service. The government has now passed
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G.O.Ms.No.36, Higher Education Department, dated 15.02.2023 approving the
resolutions passed by the Equivalence Committee in its meeting held on
24.01.2023 the said GO resolution No.69 reads as follows:
"Public Services Educational Qualification Consideration of B.A. (History,
Economics, Political Science) degree awarded by Sri Venkateswara University,
Tirupati to Thiru.E.E.Gopi enrolled during the academic year 1998-2001 (Bearing
Register No.99117705) as to whether equivalence to B.A. Political Science for
the purpose of employment in public services - Not Equivalent in respect of this
particular candidate"
Aggrieved by the resolution No 69 passed by the 1st respondent the petitioner
has approached this Court.
3. The learned counsel for the petitioner reiterated the case of the
petitioner as stated above, and submits that petitioner, who has completed his
UG degree in B.A. (History, Economics, Political Science) from Sri Venkateswara
University, Tirupati in the year 2001 and MA in M.A. (Political Science and Public
Administration) from Sri Venkateswara University, Tirupati in the year 2014, has
appeared for the computer-based exam and scored 92 marks out of 150 for the
post of PG Assistant. The provisional list was released and the name of the
petitioner was included, but with remark withheld for production of equivalent
Government Order that M.A., in Political Science and Public Administration from
Sri Venkateswara University, Tirupati is equal to M.A.Degree Political Science.
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Further, in G.O.Ms.No. 34 dated 15.02.2021, in Resolution No.3 it is declared that
B.A. (History, Economics, Political Science) offered by Sri Venkateswara
University, Tirupati is NOT EQUIVALENT to B.A. Political Science for the
purpose of employment in Public Service and M.A. (Political Science and Public
Administration) offered by Sri Venkateswara University, Tirupati is EQUIVALENT
to M.A. Political Science for the purpose of employment in Public Service.
4. Per contra, it is the contentions on the side of the respondents that the
petitioner had submitted a letter to the member secretary, Tamil Nadu State
Council for Higher Education on 11-02-2020, requesting to issue equivalence
certificate for his UG and PG degrees, B.A. (History, Economics, Political
Science) awarded by Sri Venkateswara University, Tirupati as equivalent to B.A.
Political Science and M.A. (Political Science and Public Administration) awarded
by Sri Venkateswara University, Tirupati as equivalent to M.A. Political Science.
The Chairpersons, Board of Studies had recommended that B.A. (History,
Economics, Political Science) awarded by Sri Venkateswara University, Tirupati
is NOT EQUIVALENT to B.A. Political Science for the purpose of employment in
Public Service since the similarity between these courses are 28.8%. and M.A.
(Political Science and Public Administration) awarded by Sri Venkateswara
University, Tirupati is EQUIVALENT to M.A. Political Science for the purpose of
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employment in Public Service since the similarity between these courses are
76%. The same was declared by the government in its order in GO.Ms.No. 34
dated 15.02.2021. Susequently by the orders of the High Court dated 21.07.2022
in WP No. 6614 of 2020 and WMP No.11851 of 2022 filed by the petitioner to
reconsider his equivalence certificate. On account to solve the issues the
following resolution has been passed in the 15th Equivalence Committee meeting
held on 29-03-2022, with regard to the issue relating to 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.
It was suggested to compare the marks statement of the specific applicant
for equivalence in the specified subjects incase 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.
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."
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5. That apart, the Chairpersons, Board of Studies compared the petitioner's
Syllabus & Marksheets and unanimously recommended that B.A. (History,
Economics, Political Science) awarded by Sri Venkateswara University, Tirupati
is Not Equivalent to B.A. Political Science for the purpose of employment in public
services as the percentage of similarity between these subjects were 28.8%. The
recommendation of the Board of Studies was placed as an agenda in the 18 th
equivalence committee held on 24.01.2023 and resolution was passed and the
GO.Ms.No.36 dated 15.02.2023 declared that “B.A. (History, Economics, Political
Science) awarded by Sri Venkateswara University, Tirupati to Thiru. E.E. Gopi,
enrolled during the academic year 1998-2001 (Bearing Register No.99117705) is
not equivalent to B.A. Political Science for the purpose of employment in Public
Services in respect of this particular candidate.” Hence, prays for the petition to
be dismissed.
6. Heard the learned counsel on either side and perused the documents
placed on record.
7. It is pertinent to point that as per G.O (Ms) No.361 School Education
Department, dated 31-12-1999, amendments were made in the Tamil Nadu
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Higher Secondary Educational Service Special Rules against entry in the "Post
Graduate Assistants in Academic subjects,
"Direct Recruitment"
(i)Must have obtained a Master's degree and Bachelor's degree in the same
subject or equivalent in respect of which recruitment made and
(ii)BT or B.Ed. degree of a University in the State of a teaching degree of
equivalent standard
8. Further, in TRB Notification No. 10/2019, dated 12.06.2019 it is specified
in page no.8 as follows:
“As per G.O. Ms.No.361 School Education Department dated
31.12.1999, candidates should have studied the same subject in Bachelor's
Degree and Master's Degree, both for Academic Subjects and Languages.
From the above it is clear that the candidate must have obtained degree from the
same subject to obtain the government job.
9. In addition thereto, the Tamil Nadu Government Servants (Condition of
Service) Act, 2016 (Section 25) Special qualifications has stated as follows:-
Special Qualifications :
25. No person shall be eligible for appointment to any service, class,
category or grade or any post borne on the cadre thereof unless he -
(b) possesses such other special qualifications as have been declared
to be higher than or equivalent to the said special qualifications or special
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tests-
(i) by the Government in consultation with the committee constituted
under the Chairmanship of the Chairman, Tamil Nadu Public Service
Commission for the purpose, in cases where the appointment has to be
made in consultation with the Commission; and"
The above clearly says that without a higher or equivalent qualification they
cannot get the said job.
10. That apart, GO(Ms)No 33 Higher Education (K1) dated 15,02.2021 has
indicated that the petitioner's B.A degree has only 28.8% similarity so it is not
equivalent to B.A political science degree, but the M.A. degree has 76% similarity
so it is equivalent to M.A political science degree. Therefore, taking into account
GO(Ms) No.361 and GO(Ms) No.33 it is clear that the petitioner's B.A and M.A
are different in nature hence a person who has not done both UG and PG are not
eligible.
11. Besides the above, the Hon'ble Full Bench Judgment of this Court
referred by the learned counsel for the petitioner in Nadar Thangam Shubha
Laxman.A Vs the State of Tamil Nadu & another [2014-2-L.W. 881] is irrelevant
to the current case, as the above Full Bench indicates about prospective and
retrospective effects of the equivalence G.O only. Also in the order passed by this
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Court in W.P.No.5732 of 2023 dated 27.03.2024 [C.Thannasi vs Teachers
Recruitment Board] referred by the learned counsel for the petitioner, the facts of
that case is that the petitioner hade completed her UG degree in an non
recognised university but her PG was in an recognised university, therefore the
petition was allowed. As far as other candidates, who graduated from the same
university are concerned who had got the equivalence certificate are of different
of different subjects. Hence the above said cases cannot be taken for
consideration in the present case.
12. Considering the above said facts and circumstances of the case, it is
clear that the petitioner's UG and PG degrees are not in same subjects and also
the petitioner's UG Degree, viz., B.A.Degree in History, Economics, Political
Science is not equivalent to B.A.Political Science [G.O.Ms.No.36, Higher
Education Department dated 15.02.2023] and further, as per G.O.Ms.No.361
School Education Department dated 31.12.1999, candidates should have studied
same subject in Bachelor's degree and in Master's degree for an employment in
Government Job, but the petitioner does not satisfy the said requirements,
therefore, this Court is not inclined to allow the petition.
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In view of all the above, this Writ Petition deserves to be dismissed and
accordingly, the same is dismissed. No costs.
27.02.2025
Index : Yes / No;
Internet : Yes / No
Speaking Order / Non Speaking Order
ssd
To
1. The State rep. By
Principal Secretary to Government,
Higher Education Department,
Fort St. George, Chennai – 600 009
2. Teachers Recruitment Board,
rep. By its Chairman,
3rd Floor, Puratchi Thalaivar
Dr.MGR Centenary Building,
DPI campus, College Road,
Chennai - 600 006
3. Equivalence Committee
Tamilnadu State Higher Education Council,
rep. By its Vice Chairman,
Ladu Wellington College Campus,
Kamarajar Salai, Triplicane, Chennai – 600 005
4. Sri Venkateswara University,
rep. By its Registrar, Tirupati – 517 502
(R4 impleaded vide order dated 12.04.2023
made in WMP No.10959 of 2023 in W.P.
No.8343 of 2023 by PDAJ)
5. The Registrar,
University of Madras,Chennai -5
(R5 – Suo motu impleaded as per order
dated 28.11.2024 in W.P.No.8343 of 2023
by VBSJ)
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN, J.
ssd
27.02.2025
https://www.mhc.tn.gov.in/judis
