JUDGMENT :

V. Bharathidasan, J.

1. The question that has been referred to this Full Bench for answer is as follows:

"Whether two Degrees (Dual Degree) obtained simultaneously during the same Academic year, can be considered for employment purpose, particularly, for being selected to a post under the Tamil Nadu Higher Secondary Education Service?"

2. Divergent views on the subject having been taken by two different Division Benches of this Court Forms the genesis for reference of the question to the Larger Bench. Let us now go into the factual background which led to the Reference:

(i) One S. Jagadeeswari's candidature to the post of Post Graduate Assistant was not favourably considered by the Teacher's Recruitment Board on the ground that she had pursued her B.Ed. Degree simultaneously while pursuing B.A. in English Literature. Therefore, aggrieved by the rejection of her candidature, she had approached this Court by way of a Writ Petition in W.P. No. 30299 of 2012, which was dismissed by a learned Single Judge on 2.4.2013 and on Appeal, a Division Bench of this Court by an Order, dated 7.1.2014 in W.A. No. 845 of 2013, dismissed the Writ Appeal, holding that two Degrees obtained simultaneous in the same Academic year, one through open University and another in the regular stream was not recognized by the University of Madras, therefore, the Petitioner could not seek a direction to the Respondents to select her and appoint to the post of P.G. Assistant. The concluding portions of the Judgment of the Division Bench read as follows:

"8. When similar issue was raised before the Madras University and a clarification was sought for, it appears that through communication, dated 2.1.2011, the Registrar of Madras University had informed the Chairman of the Teachers Recruitment Board that Candidates, who had obtained under Graduate Degree in a subject and B.Ed. Degree in the same Calendar year by undergoing one of them through the Open University and another in the regular stream, had not been recognized. Thus, the very Degree obtained by the Appellant in B.A.(English) or B.Ed., in the same Academic year having not been recognized so far by the Madras University, the Appellant cannot seek for a direction to the Respondents to select her and appoint to the post of P.G. Assistant (English).

9. No doubt, the Appellant relied on certain recommendations made by the Expert Committee of the University Grants Commission held on 12.10.2012. Needless to say that those decisions taken by such committee at the best may have only a recommendatory value, without having any Statutory force. Therefore, we find that such recommendations made by the Expert Committee of the University Grants Commission unless culminated in the form of Statute, the same cannot be relied on by the Petitioner in support of her prayer.

10. The Appellant, admittedly, filed only a Writ of Mandamus seeking for a simple direction to the Respondents to select and appoint her to the post without challenging any of the proceedings as discussed above, which are prohibiting appointment of Candidates with such qualification. The learned Single Judge considered all those aspects and rightly rejected the Writ Petition. We find no grounds to interfere with such decision of the learned Single Judge. Accordingly, the Writ Appeal is dismissed. No Costs."

(ii) Similarly, one L. Kavitha's candidature to the post of Post Graduate Assistant was rejected on the ground that she had obtained both B.A. and B.Ed. Degrees simultaneously from different Universities and, therefore, the same could not be accepted. Challenging the same, she had filed a Writ Petition in W.P. No. 6556 of 2011 and a learned Single Judge had allowed the Writ Petition in favour of the Petitioner therein, which led to the filing of an Appeal in W.A. No. 1098 of 2012 by the State. A Division Bench of this Court, by Order, dated 24.6.2016, dismissed the Writ Appeal and while rejecting the contention that two Degrees obtained simultaneou