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2008 Supreme(Mad) 2034
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Manikumar, J.
Dr. Annie D. Ambrose @ J. Rukmani
Versus
State of Tamil Nadu, Secretary to Government, Education Science and Technology Department, Madras and Others
W.P. No. 27580 of 2005
Decided On : 27 June 2008
L. Chandrakumar, for Petitioner
Ms. Lita Srinivasan, Government Advocate for Respondent Nos. 1, 2 and 4, Ms. C.N.G. Ezhilarasi, for Respondent No. 3, Kandavadivelu, for Respondent No. 5
The Tamil Nadu Public Service Commission, as the recruiting agency, has the authority to verify the educational qualifications of candidates for appointment to posts within its purview. The University of Madras is the competent authority to decide the question of equivalence of a degree obtained from other Universities. The Government cannot regularize the temporary services of Assistant Professors without satisfying the educational qualification prescribed for the post.
Headnote:
REGULARISATION OF SERVICE - EDUCATIONAL QUALIFICATION - EQUIVALENCE - OPINION OF UNIVERSITY - RELAXATION OF RULES - POWER OF GOVERNMENT - WRIT PETITION - DISMISSAL - EDUCATION - TAMIL NADU COLLEGIATE EDUCATIONAL SERVICE - ASSISTANT PROFESSOR OF ZOOLOGY - APPOINTMENT ON TEMPORARY BASIS - REGULARISATION OF SERVICE - EDUCATIONAL QUALIFICATION - OPINION OF UNIVERSITY - RELAXATION OF RULES - POWER OF GOVERNMENT - WRIT PETITION - DISMISSAL.
Fact of the Case:
The petitioner was appointed as Assistant Professor of Zoology on temporary basis under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, in Government Arts College for Women, Namakkal. In the year 1988, the Government took up the issue of regularisation of about 616 Assistant Professors, who were working on temporary basis for a long time. After obtaining the concurrence of the Tamil Nadu Public Service Commission, the Government passed an order in G.O. Ms. No. 1840, dated 16.12.1988, regularising the services of all the candidates. Based on the order, the second respondent granted career advancement to the petitioner, by proceedings dated 25.1.1990 and placed the petitioner in the senior grade to the post of Lecturer. While so, the Principal, Government Arts College for Women, Tirunelveli, received a communication, dated 23.11.1992, from the Commissioner of Collegiate Education, Chennai, the second respondent, directing her to forward the mark sheets of the petitioner in M.Sc, Degree for relaxation of the rule, relating to educational qualification, since the petitioner had obtained Masters degree from the Andhra Pradesh University. Even after the said letter, the petitioner was granted two increments. While the matter stood thus, the petitioner was served with an order, dated 2.3.1995 passed by the Commissioner of Collegiate Education, Chennai, the second respondent, enclosing a copy of G.O. Ms. No. 114, dated 16.2.1995, discharging her from Government Service. The order proceeds on the basis that the petitioner does not possess the qualification required for the post of Lecturer in Zoology as per the opinion of Tamil Nadu Public Service Commission. The order has been passed nearly after 14 years of continuous services in Government College. Aggrieved by the same, the petitioner has filed Original Application in O.A. No. 1439 of 1995 before the Tamil Nadu Administrative Tribunal, which has been subsequently transferred to this Court and renumbered as present Writ Petition.
Finding of the Court:
The Tamil Nadu Public Service Commission, the recruiting agency, is enjoined with a duty to verify whether the incumbent satisfies the educational qualification prescribed for the post and for that purpose, it has every right to seek the assistance of expert bodies, like, the University of Madras or any other expert body to offer its views on the question of the equivalence of the educational qualification prescribed for the post. As regards the academic mattes regarding equivalence of University degrees/ programmes, it is now well settled that it is purely domain of the Board of experts appointed by the Universities to consider the question of equivalence or recognition of a particular degree, programme or course etc. It is for each university to consider the question of equivalence of an examination held by any other Board or University, which examination primarily constitutes the basis for eligibility to appoint to any post, under the Civil services of the State.
Issues: 1. Whether the Tamil Nadu Public Service Commission has the authority to verify the educational qualifications of candidates for appointment to posts within its purview? 2. Whether the University of Madras is the competent authority to decide the question of equivalence of a degree obtained from other Universities? 3. Whether the Government can regularize the temporary services of Assistant Professors without satisfying the educational qualification prescribed for the post?
Ratio Decidendi: 1. Yes, the Tamil Nadu Public Service Commission, as the recruiting agency, has the authority to verify the educational qualifications of candidates for appointment to posts within its purview. 2. Yes, the University of Madras is the competent authority to decide the question of equivalence of a degree obtained from other Universities. 3. No, the Government cannot regularize the temporary services of Assistant Professors without satisfying the educational qualification prescribed for the post.
Final Decision: Writ petition dismissed.
1. The petitioner has challenged the order of the Government in G.O. Ms. No. 114, Education, Science and Technology Department, dated 16.2.1995 and consequential order of the Commissioner of Collegiate Education, second respondent, dated 2.3.1995, discharging her from service.
2. Facts leading to the writ petition are as follows:
The petitioner has passed B.Sc, Degree in Zoology from Madurai-Kamaraj University in the year 1974 and acquired M.Sc, Degree in Human Genetics and Anthropology from Andhra Pradesh University in the year 1976. Thereafter, she did M.Phil in Zoology in Madras University in the year 1978 and also Ph.D., in Zoology in the Madurai-Kamaraj University in the year 1993. On 9.3.1981, the petitioner was appointed as Assistant Professor of Zoology on temporary basis under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, in Government Arts College for Women, Namakkal. Admittedly, the petitioner was sponsored through Employment Exchange. In the year 1983, the petitioner was transferred to Tirunelveli Government Arts College for Women. The petitioner was awarded annual increments for her unblemished service, also granted career advancements and revised pay scales under the UGC’s scheme. In the year 1988, the Government took up the issue of regularisation of about 616 Assistant Professors, who were working on temporary basis for a long time. After obtaining the concurrence of the Tamil Nadu Public Service Commission, the Government passed an order in G.O. Ms. No. 1840, dated 16.12.1988, regularising the services of all the candidates. Based on the order, the second respondent granted career advancement to the petitioner, by proceedings dated 25.1.1990 and placed the petitioner in the senior grade to the post of Lecturer. While so, the Principal, Government Arts College for Women, Tirunelveli, fourth respondent received a communication, dated 23.11.1992, from the Commissioner of Collegiate Education, Chennai, the second respondent, directing her to forward the mark sheets of the petitioner in M.Sc, Degree for relaxation of the rule, relating to educational qualification, since the petitioner had obtained Masters degree from the Andhra Pradesh University. Even after the said letter, the petitioner was granted two increments. While the matter stood thus, the petitioner was served with an order, dated 2.3.1995 passed by the Commissioner of Collegiate Education, Chennai, the second respondent, enclosing a copy of G.O. Ms. No. 114, dated 16.2.1995, discharging her from Government Service. The order proceeds on the basis that the petitioner does not possess the qualification required for the post of Lecturer in Zoology as per the opinion of Tamil Nadu Public Service Commission. The order has been passed nearly after 14 years of continuous services in Government College. Aggrieved by the same, the petitioner has filed Original Application in O.A. No. 1439 of 1995 before the Tamil Nadu Administrative Tribunal, which has been subsequently transferred to this Court and renumbered as present Writ Petition.
3. The respondents 1 to 3 in their counter affidavit have submitted that the petitioner was appointed in the Tamil Nadu Collegiate Educational Service as Assistant Professor of Zoology under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules. Temporary Assistant Professors appointed in Government Arts and Training colleges and Assistant Professors in non-law subjects in Government Law Colleges recruited through Employment Exchange and appointed under Rule 10(a)(i) of the General Rules, represented to the Government to regularise their temporary services, considering their long temporary service and experience. The Government examined their request sympathetically and passed orders in G.O. Ms. No. 802, Education, dated 6.6.1986 and in G.O. Ms. No. 1224, Education, dated 13.7.1988, to conduct a special recruitment test by Tamil Nadu Public Service Commission to all the temporary Assistant P
