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2022 Supreme(Online)(MAD) 7166
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESEVED ON: 05.04.2022 DELIVERED ON: 21.04.2022 CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.17657, 18091, 18645, 18869, 19613, 19615 of 2020 & W.P.Nos.117, 1454, 1457, 1633, 3406, 9025, 18422 of 2021 and WMP.Nos.21903, 22476, 23134, 23453, 23455, 23458, 24337, 24234, 24236, 24237, 24239, 24240, 24241 of 2020, WMP.Nos.170, 1630, 1631, 1634, 1636, 1848, 1849, 3889, 3894, 9564, 9566, 9567 of 2021 W.P.No.17657 of 2020
1.P.Rajakumar
2.E.Manobharathi
3.R.Preethi
4.S.Naveen Prasath 5.C.Sam Jebadurai
6.R.Priyanka 7.S.Abinaya
8.A.Suhadevan
9.V.C.Viswanath .. Petitioners vs.
1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.
2.Priyanka
3.A.Sivakeerthi
4.P.Divya .. Respondents.
[Respondents 2 to 3 impleaded by this Court vide order dated 05.04.2022 in WMP.No.8446/2022, 24351 & 23068 of 2021]
W.P.No.9025 of 2021
1.Shiyamala.T. 2.Manoj K.M. 3.Rajakumar P
4.Abinaya S
5.Viswanath VC
6.Naveen Prasath S
7.Suhadevan A
8.Mano Bharathi E .. Petitioners vs.
1.The Tamil Nadu Pollution Control Board, Rep. By its Chairman, No.76, Mount Salai, Guindy, Chennai-600 032.
2.The Government of Tamil Nadu, Rep. By its Principal Secretary, Higher Education (K2) Department, Secretariat, Chennai-600 009. 3.The Equivalence Committee, Rep. By its Chairperson cum Secretary to Government of Tamil Nadu, Fort St.George, Chennai-600 009. .. Respondents.
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.
Prayer in 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.
For Petitioners:
W.P.No.17657 of 2020 : Mr.L.Chandrakumar W.P.No.18091 of 2020 : Mr.G.Murugendran W.P.Nos.18645/2020, 1454 & 1457 of 2021 : Mr.G.Prabhu Rajadurai W.P.No.18869 of 2020
117 of 2021 : Mr.A.M.Natraj W.P.No.19613, 19615 of 2020 : Mrs.B.Poongkhulali W.P.No.1633 of 2021 : Mr.C.Sivanesan W.P.No.3406 of 2021 : Mr.P.Manojkumar W.P.No.9025 of 2021 : Mr.N.Subramaniyan W.P.No.18422 of 2021 : Mr.D.R.Arun Kumar For Implead Petitioners in W.P.No.17657 of 2020 WMP.No.8446 of 2022 : Mr.V.Karthik, Senior Counsel for Mr.Adithyavaradaraja WMP.No.23068 of 2021 : Mr.Cibi Vishnu WMP.No.24351 of 2021 : Mr.S.Kanmani Annamalai For Respondents : Mr.R.Shunmugasundaram, Advocate General assisted by Mrs.Vijayakumari Natarajan Standing Counsel for TNPCB Mr.D.Ravichander, Special Government Pleader for Higher Education Department
C O M M O N O R D E R
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 Technology awarded by Anna University / M.TEch. Petroleum Refining and Petrochemicals awarded by Anna University / M.E. Environmental Management awarded by Anna University |
| 2 | Environmental Scientist | Master's Degree in Science in any one of the following disciplines (1) Chemistry (2) Biology (3) Zoology (4) Environmental Chemistry (5) Environmental Science (6) Environmental Toxicology (7) Microbiology (8) Marine Biology (9) Bio-Chemistry (10) Analytical Chemistry (11) Applied Chemistry (12) Botany |
| 3 | - | -- |
| 4 | - | -- |
3.3. In pursuant to the said notification, the petitioners herein applied for the post of Assistant Engineer and Environmental Scientist. The petitioners were successful in the written examination and they were called for Certificate Verification. However, to the shock and surprise, during Certificate Verification, the petitioners were informed that their Master's Degree cannot be considered to be a requisite qualification for the post of Assistant Engineer and Environment Scientists as per the Notification.
Therefore, the petitioners have filed the present writ petitions.
3.4. In a similar matter, this Court has granted interim orders dated
23.12.2020 in W.P.No.19900 of 2020 and the degree courses acquired by the petitioners were forwarded to the Higher Education Department for ascertaining the equivalency of the qualification and based on the interim direction passed by this Court, the same was referred to the Equivalence Committee and based on the Resolution passed by the Equivalence Committee Meeting held on 05.02.2021, the Government has issued G.O.(Ms)No.29, Higher Education (K1) Department dated 09.02.2021 with regard to equivalence of degrees and G.O.(Ms)No.30, Higher Education (K1) Department dated 09.02.2021 with regard to Non-Equivalence of degrees off
