Sl.No.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. KRISHNAKUMAR, J.
P. Rajakumar & Others - Appellant
Versus
The Chairman, Tamil Nadu Pollution Control Board, Chennai & Others - Respondent
W.P. Nos. 17657, 18091, 18645, 18869, 19613, 19615 of 2020 & 117, 1454, 1457, 1633, 3406, 9025, 18422 of 2021 & WMP. Nos. 21903, 22476, 23134, 23453, 23455, 23458, 24337, 24234, 24236, 24237, 24239, 24240, 24241 of 2020 & 170, 1630, 1631, 1634, 1636, 1848, 1849, 3889, 3894, 9564, 9566, 9567 of 2021
Decided On : 21-04-2022
Equivalence Committee - Educational Qualification for Assistant Engineer - G.O.Ms.No.93, Higher Education (K2) Department dated 30.05.2019 - Masters Degree in Environmental Engineering and Management, M.Tech. Environmental Science and Technology, M.Tech. Petroleum Refining and Petrochemicals, M.E. Environmental Management - G.O.(Ms)No.29, Higher Education (K1) Department dated 09.02.2021, G.O.(Ms)No.30, Higher Education (K1) Department dated 09.02.2021 - The Equivalence Committee, constituted under G.O.(Ms)No.93, Higher Education (K2) Department dated 30.05.2019, was found to be legally constituted and the qualifications prescribed were upheld by the court.
Fact of the Case:
The petitioners held Master's Degree in Environmental Engineering and Management from Anna University and applied for the post of Assistant Engineer and Environmental Scientist. During Certificate Verification, they were informed that their Master's Degree did not meet the qualification prescribed for the posts.
Finding of the Court:
The Equivalence Committee was found to be legally constituted and the qualifications prescribed were upheld by the court. The court directed the Tamil Nadu Pollution Control Board to proceed with the issuance of appointment orders to the selected candidates without further delay.
Issues: Challenge to the constitution of Equivalence Committee, validity of educational qualifications prescribed for the posts of Assistant Engineer and Environmental Scientist.
Ratio Decidendi: The court held that the Equivalence Committee, constituted under G.O.(Ms)No.93, Higher Education (K2) Department dated 30.05.2019, was legally constituted and the qualifications prescribed were upheld. The court also emphasized that it will not normally interfere with the opinion given by the experts.
Final Decision: The court dismissed the writ petitions and directed the Tamil Nadu Pollution Control Board to proceed with the issuance of appointment orders to the selected candidates without further delay.
JUDGMENT
(Prayer in W.P.No.17657 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to consider the petitioners for appointment to the post of Assistant Engineer by treating the Master's Degree in Environmental Engineering and Management as a valid educational qualification for the post of Assistant Engineer, pursuant to the Notification issued by the respondent in Notification No.02/2019 dated 05.03.2020 for direct recruitment to the post of Assistant Engineer.
W.P.No.9025 of 2021: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the issue of impugned Notification No.2/2019 dated 05.03.2020 issued by the first respondent as well as the impugned G.O.Ms.No.93, Higher Education (K2) Department dated 30.05.2019 issued by the second respondent and quash the impugned notification insofar as prescribing the educational qualification beyond the ones prescribed under the Tamil Nadu Pollution Control Board Engineering Service Regulations and also quash the said impugned G.O. and consequently to direct the first respondent to notify the list of subjects that are to be required to have studied by a candidate in the Degree Qualification prescribed as eligible so as to be considered as equivalent to ones prescribed under the service rules/regulations to apply for the selection pursuant to the impugned notification and based on the same, thereafter, to consider eligibility of Educational Qualifications of the petitioners and other candidates for appointment to the category of Assistant Engineer in Tamil Nadu Pollution Control Board and thereafter, to proceed with the selection in accordance with the impugned notification.)
Common Order
1. The issue involved in these writ petitions are one and the same and as such, they are taken up together and disposed of by this common order. For the sake of convenience, array of parties in W.P.No.9025 of 2021 is adopted.
2. W.P.No.9025 of 2021 has been filed challenging the constitution of Equivalence Committee, vide G.O.Ms.No.93, Higher Education (K2) Department dated 30.05.2019, as well as Notification No.2/2019 dated 05.03.2020 issued by the first respondent/Tamil Nadu Pollution Control Board [TNPCB]. Other writ petitions have been filed praying for a Mandamus directing the respondents to consider the petitioners for appointment to the post of Assistant Engineer and Environmental Scientists by treating the Master's Degree in Environmental Engineering and Management as a valid educational qualification for the post of Assistant Engineer and Environmental Scientists, pursuant to Notification No.02/2019 dated 05.03.2020.
3. Facts leading to the filing of these writ petitions, briefly narrated, are as follows:
3.1. The petitioners in W.P.No.17657 of 2020 and 9025 of 2021 are holders of Master's Degree in Environmental Engineering and Management issued by Anna University. They have studied the said course in the Coimbatore Institute of Technology, affiliated to Anna University, through regular stream. Likewise the petitioners in other writ petitions possess Masters Degree in Engineering in various disciplines.
3.2. The first respondent, issued Notification No.2 of 2019 dated 05.03.2020, inviting applications through online mode upto 26.03.2020 for direct recruitment to the post of Assistant Engineer – 78 vacancies, Environmental Scientist – 70 posts, Assistant (Junior Assistant) – 38 vacancies and Typist -56 vacancies. Educational qualification prescribed for the said posts notified are as follows:
| Sl.No. | Name of the Post | Qualification |
| 1 | Assistant Engineer | Basic qualification should be a Bachelor's Degree in Civil Engineering or Chemical Engineering or Environmental Engineering, and Master's Degree in Environmental Engineering / Chemical Engineering / M.Tech. Environmental Science and Te |
The court emphasized the principle of not interfering with the opinion given by the experts and upheld the constitution of the Equivalence Committee and the prescribed qualifications.
Courts have a limited role in academic matters and cannot act as an appellate authority over the decisions of expert bodies unless there is evidence of arbitrariness or mala fide.
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The court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.
There is no equivalent Rule akin to Rule 10(a)(ii). A perusal of the said Rule 10(a)(ii) clearly presupposes and provides that the acquisition of a higher qualification would presuppose the acquisiti....
The judgment established the principle that UG degrees obtained from universities in other states must be considered equivalent to those awarded in Tamil Nadu for the purpose of employment in public ....
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