Recognition of equivalence of educational qualifications as per government orders and clarification of eligibility requirements for teaching positions.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution to issue a Writ of Mandamus to direct the 1st respondent herein to appoint the petitioner as B.T. Assistant in Maths in any of the schools and fix the seniority over and above the immediate junior as per the state seniority list within an appropriate time)

1. This Writ Petition has been filed to direct the 1st respondent herein to appoint the petitioner as B.T. Assistant in Maths in any of the schools and fix the seniority over and above the immediate junior as per the State seniority list within an appropriate time.

2. The brief facts of the case of the petitioner are as follows:

i) The petitioner belongs to Schedule Tribe community and the petitioner parents are agriculturists. He is a graduate in B.Sc. (Mathematics with Computer Applications) in AVS College of Arts and Science at Salem affiliated to Periyar University, Salem, in 2008. Pursuant to the completion of B.Sc., in the year 2008, the Tamilnadu Teachers Education University and the 2nd respondent permitted to do B.Ed., on considering the equivalent status along with B.Sc., Mathematics. The 1st respondent also recruited persons who completed B.Sc.(Mathematics with Computer Applications) course for the post of B.T.Assistant (Mathematics) and as such, the respondent herein considered the name of the petitioner in the State seniority by the Employment Exchange under the category of Schedule Tribes and recommended the name of the petitioner to the 2nd respondent for appointment to the post of B.T.Assistant.

ii) Subsequently, the 2nd respondent conducted certificate verification for the qualified candidates in Teachers Recruitment Board (TRB) for selection and appointment to the post of B.T.Assistant. The petitioner was called for the same on 15.11.2010. However, the respondents have not appointed the petitioner. On verification, the petitioner came to understand that the 1st respondent did not recruit the candidates who have completed B.Sc., Mathematics with Computer Applications and withheld their appointment temporarily and to that effect, in the internet, they have published the tentative lists and the petitioner''s status is kept as "withheld" in remarks column, showing Maths with Computer Applications.

iii) Subsequently, the petitioner approached the 2nd respondent, but he was not provided with proper reply. On enquiry, the petitioner came to know that the degree awarded by Periyar University B.Sc., Mathematics- Computer Application is stated to be not equivalent to B.Sc., Mathematics and accordingly, his selection to the post of B.T.Assistant is not considered. It is not known as to how the 2nd respondent issued communication through its official website on 28.08.2011 that the result of the petitioner was withheld based on the remarks that the petitioner is possessing B.Sc., Mathematics (Computer Applications) which is not equivalent to B.Sc.,Mathematics.

iv) The petitioner approached the respondents on several occasions, but all his efforts went in vain. Therefore, the petitioner sent representation to the Chief Minister Special Cell Tamilnadu on 17.08.2012 through online and the same was replied on 07.09.2012 as follows:

Rejected – TRB has not received any G.O. regarding the petitioner educational qualification of Maths-C.A.(Computer Application), not equivalent to Maths. Hence, he was not considered for selection vide TRB Rc.No.018/B2/2012 dt.07.09.2012.

v) Subsequently, the State Government has issued orders in G.O.Ms.No.72 Higher Education Department dated 30.04.2013, in which, it is found that Equivalent Committee constituted by Tamil Nadu Public Service Commission, on due verification, passed resolutions declaring B.Sc., Mathematics (Computer Applications) is equivalent to B.Sc., Mathematics and accordingly, orders have been passed by the State Government. Therefore, some of the candidates wh