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2022 Supreme(Mad) 1824

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SRIMATHY, J.
R. Sakthivel - Appellant
Versus
The Member Secretary, Teacher Recruitment Board, Chennai & Others - Respondent
W.P(MD). Nos. 845, 871 of 2017 & W.M.P(MD). Nos. 703 to 705 & 725 of 2017
Decided On : 02-06-2022

Advocates appeared:
For the Petitioner:Nalini Chidambaram, Karthick, Advocate. For the Respondents:Shanmuganathan, R1, R2, R5, Omprakash, Government Advocate (Civil Side), R3, Panneer Selvam, Standing Counsel, R4, V.R. Shanmuganathan, Advocate.

The AICTE regulations and previous court orders establish the equivalence of B.E. Mechatronics and B.E. Mechanical Engineering.

Headnote:

Equivalency - B.E. Mechatronics Engineering - G.O.Ms.No.217, Higher Education (J1) Department, dated 24.07.2015 - The court discussed the equivalence of B.E. Mechatronics Engineering and B.E. Mechanical Engineering, considering the syllabus, AICTE regulations, and previous court orders. The court found that B.E. Mechatronics is equivalent to B.E. Mechanical as per AICTE regulations and directed the respondents to consider the candidature of the petitioners for the post of Mechanical Engineering.

Fact of the Case:

The petitioners applied for the post of Assistant Professor in Mechanical Engineering but were not considered due to the equivalence issue between B.E. Mechatronics and B.E. Mechanical Engineering.

Finding of the Court:

The court found that B.E. Mechatronics is equivalent to B.E. Mechanical as per AICTE regulations and directed the respondents to consider the candidature of the petitioners for the post of Mechanical Engineering.

Issues: Equivalency of B.E. Mechatronics and B.E. Mechanical Engineering for the post of Assistant Professor in Mechanical Engineering.

Ratio Decidendi: The AICTE regulations and previous court orders established the equivalence of B.E. Mechatronics and B.E. Mechanical Engineering.

Final Decision: W.P.(MD).No.817 of 2017 stands allowed. W.P.(MD).No.845 of 2017 is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the final key answer issued by the respondent vide proceedings Nil and dated nil (Published in the internet) and quash the same as illegal in so far as it relates to question Nos.13, 16, 18, 28 and 24 are concerned and consequently direct the respondent to award 6 more marks in respect of the above referred questions to the petitioner in his roll No. 14E02050023 in the examination dated 22.10.2016 as per the notification of the Direct Recruitment of Assistant Professor in Government Engineering Colleges 2013-2014 & 2014-2015 for the post of Assistant Professor in Mechanical Engineer.

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Declaration, declaring the G.O.Ms.No.217, Higher Education (J1) Department, dated 24.07.2015, declaring the degree of B.E. Mechatronics Engineering awarded by Anna University as not equivalent to B.E.Mechanical Engineering as illegal and arbitrary and consequently direct the respondents 1 and 2 to declare the said two degrees as equivalent, accordingly direct the respondents to select and appoint the petitioner as Assistant Professor in the subject of Mechanical Engineering, if petitioner is otherwise eligible pursuant to the notification of the fourth respondent for direct recruitment of Assistant Professors in Government Engineering Colleges 2013-2014 & 2014-2015 in vide Advertisement No.3/2014, dated 16.07.2014.)

Common Order

1. W.P.(MD).No.871 of 2017 has been filed for a writ of Declaration to declare the G.O.Ms.No.217, Higher Education (J1) Department, dated 24.07.2015, declaring the degree of B.E. Mechatronics Engineering awarded by Anna University as not equivalent to B.E. Mechanical Engineering as illegal and arbitrary and consequently direct the respondents 1 and 2 to declare the said two degrees as equivalent, accordingly direct the respondents to select and appoint the petitioner as Assistant Professor in the subject of Mechanical Engineering, if petitioner is otherwise eligible pursuant to the notification of the fourth respondent for direct recruitment of Assistant Professors in Government Engineering Colleges 2013-2014 & 2014-2015 in vide Advertisement No.3/2014, dated 16.07.2014.

2. W.P.(MD).No.845 of 2017 has been filed for a writ of Certiorarified Mandamus to call for the records relating to the final key answer issued by the respondent vide proceedings Nil and dated nil (Published in the internet) and quash the same as illegal in so far as it relates to question Nos.13, 16, 18, 28 and 24 are concerned and consequently direct the respondent to award 6 more marks in respect of the above referred questions to the petitioner in his roll No.14E02050023 in the examination dated 22.10.2016 as per the notification of the Direct Recruitment of Assistant Professor in Government Engineering Colleges 2013-2014 & 2014-2015 for the post of Assistant Professor in Mechanical Engineer.

3. The brief facts of the case are that the petitioners have acquired the qualifications of SSLC, HSC, B.E., M.E., and Ph.D. The petitioners has experienced as JAVA Programmer from 21.09.2012 to 31.07.2013. The petitioners have achieved in sports and games. The petitioners applied for the post of Assistant Professor in the Department of Mechanical Engineering for the academic year 2013-2014 and 2014-2015 on 31.08.2016. The petitioners attended the examination held on 22.10.2016. However, the petitioners' name was not considered in the next stage of recruitment process. On enquiry, the petitioners came to know that B.E. Mechatronics is not equivalent to the B.E. Mechanical and therefore, the petitioners' name was not considered.

4. The contention of the petitioners is that the said two degrees cannot be said to b












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