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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
J. George Christoper Jesu & Another – Appellants
Versus
Teachers Recruitment Board, Chennai & Others – Respondents
Writ Petition Nos. 5470, 5732, 9326 & 9464 of 2023 & W.M.P. Nos. 5514, 5515, 5733,5735, 9419, 9420, 9539 & 9540 of 2023
Decided On : 04-08-2023
Equivalence Certificate - Educational Qualifications - G.O.(Ms) No.36, Higher Education (K1) Department - W.P.Nos.5470, 5732, 9326, 9464 - Summary of Acts and Sections: The court discussed the educational qualifications prescribed for the posts of Post Graduate Assistant in Physics and Lecturer in Physics in Government Polytechnic Colleges, as well as the equivalence of degrees obtained from universities in other states to those awarded in Tamil Nadu. The court also referred to the judgment of Nadar Thanga Shubha Laxman. A v. State of Tamil Nadu [2014 (3) SCC 433] on the issue of equivalence certificate.
Fact of the Case:
The petitioners challenged the withholding of their selection for various teaching positions due to the non-recognition of their UG degrees obtained from universities in other states as equivalent to those awarded in Tamil Nadu.
Finding of the Court:
The court found that the petitioners' UG degrees were not considered equivalent for the purpose of employment in public service, and therefore, their selection was rightfully withheld. The court also upheld the government order declining to accord equivalence status to the degrees obtained by the petitioners from universities in other states.
Issues: The main issue was the non-recognition of UG degrees obtained from universities in other states as equivalent to those awarded in Tamil Nadu for the purpose of employment in public service.
Ratio Decidendi: The court held that the petitioners could not seek appointment based on the subsequent clause of equivalence of UG degrees, as the primary requirements of educational qualifications were not fulfilled. The court also referred to the judgment of Nadar Thanga Shubha Laxman. A v. State of Tamil Nadu [2014 (3) SCC 433] on the issue of equivalence certificate.
Final Decision: The writ petitions were dismissed, and the petitioners were not entitled to any relief. No costs were awarded, and the connected WMPs were closed.
JUDGMENT
(Prayer: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent relating to the provisional selection list – current vacancies dated 13.10.2022 for direct recruitment for the post of Post Graduate Assistant in Physics withholding the selection of the petitioner for want of equivalence Government Order for under Graduate degree in Physics from Gujarat University and to quash the same and consequently direct the respondent to select the petitioner for the post of Post Graduate Assistant in Physics pursuant to Advertisement No.01/2021, dated 09.09.2021 base don M.Sc., degree secured by the petitioner in physics with more than 50% marks from Bharathidasan University and B.Ed., degree secured by the petitioner with more than 50% marks from Tamil Nadu Teachers Education University within a time frame to be fixed by this court.
W.P.No.5732 of 2023: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent relating the provisional selection list dated 31.07.2022 for the subject physics for direct recruitment for the post of Lecturers in Government Polytechnic Colleges coming under the Tamil Nadu Educational Service insofar as it withheld the selection of the petitioner with Roll No.19PT1303005490 for the post of Lecturer in Physics in Government Polytechnic Colleges and quash the same and consequently direct the respondent to select the petitioner for the post of Lecturer in Physics in Government Polytechnic Colleges coming under the Tamil Nadu Educational Service pursuant to Advertisement No.14 of 2019, dated 27.11.2019 under General Turn 10 based on the M.Sc., degree secured by the petitioner in Physics with more than 60% marks from Bharathiar University within a time frame to be fixed by this court.
W.P.No.9326 of 2023: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to G.O.(Ms) No.36, Higher Education (K1) Department, dated 15.02.2023 issued by the 1st respondent and to quash the same insofar as Serial No.37 of the said Government Order is concerned and consequently issue a direction directing the 2nd respondent to recommend to the 1st respondent that B.Sc., Physics offered by Calicut University is equal to B.Sc., Physics for the purpose of employment in public services to enable the 3rd respondent to select the petitioner for the post of Post Graduate Assistant in Physics pursuant to Notification No.14/2019, dated 27.11.2019 issued by the 3rd respondent.
W.P.No.9464 of 2023: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to G.O.(Ms) No.36, Higher Education (K1) Department, dated 15.02.2023 issued by the 1st respondent and to quash the same insofar as Serial No.36 of the said Government Order is concerned and consequently issue a direction directing the 2nd respondent to recommend to the 1st respondent that B.Sc., (Special) Physics offered by St. Xavier''s College affiliated to Gujarat University is equal to B.Sc., Physics for the purpose of employment in public services to enable the 3rd respondent to select the petitioner for the post of Post Graduate Assistant in Physics pursuant to Notification No.01/2021, dated 09.09.2021 issued by the 3rd respondent.)
1. (i) W.P.Nos.5470 of 2023 is filed challenging the Provisional Selection List (current vacancies) dated 13.10.2022 for direct recruitment to the post of Post Graduate Assistants in Physics whereunder the name of the petitioner has been withheld for want of equivalent certificate from the Government for B.Sc., degree obtained from Gujarat University and seeking a consequential relief of direction to the respondent to select and appoint the petitioner in the post of Graduate Assistan
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 ....
The central legal point established in the judgment is the interpretation of the Government Order and UGC Regulations to determine the eligibility criteria for the post of Assistant Professor in Phys....
The State's authority to determine the equivalence of degrees for public employment and the importance of adhering to prescribed educational qualifications for teaching posts.
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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