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2022 Supreme(Online)(MAD) 17619

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.09.2022 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Writ Petition No.24432 of 2015 and M.P.No.1 of 2015 R.Jamuna W/o.S.Baskaran ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The State of Tamil Nadu, represented by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

3.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

5.The Chief Educational Officer, Theni District, Theni.

6.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 600 003.

7.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 802. ... Respondents P RAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 6 to consider the proposal submitted by the seventh respondent regarding equivalence of degrees in B1-6/2634/2014 dated 09.04.2015 and consequently, to pass appropriate orders for declaring equivalence of B.Sc. Applied Chemistry with B.Sc. Chemistry by taking an independent decision on merits and consequently, direct the respondents 4 and 5 to promote the petitioner to the post of B.T.Assistant (Science) based on his seniority with retrospective effect on par with juniors with consequential benefits within a time frame to be fixed by this Court.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mrs.S.Anitha Special Government Pleader [R1, R2, R4&R5]

Mr.C.Kathiravan [R3] Mr.Karthik Rajan [R6]

*****

O R D E R

The relief sought for in the present writ petition is to direct the respondents

1 to 6 to consider the proposal submitted by the seventh respondent regarding equivalence of degrees in B1-6/2634/2014 dated 09.04.2015 and consequently, to pass appropriate orders for declaring equivalence of B.Sc. Applied Chemistry with B.Sc. Chemistry by taking an independent decision on merits and consequently, direct the respondents 4 and 5 to promote the petitioner to the post of B.T.Assistant (Science) based on his seniority with retrospective effect on par with juniors with consequential benefits.

2. The petitioner was selected and appointed to the post of Secondary Grade Teacher on 27.08.1995. The petitioner studied the degree of B.Sc. Applied Chemistry through distance education at Annamalai University and completed the same in the year 2007. Based on the qualification of B.Sc. Applied Chemistry, the petitioner had joined B.Ed. course and completed the same in the year 2011. Thus, the petitioner states that she is fully qualified for promotion to the post of B.T.Assistant. The request, in this regard, made by the petitioner was rejected by the respondents on the ground that the degree of B.Sc. Applied Chemistry from Annamalai University is not equivalent to B.Sc. Chemistry, which is the prescribed qualification for promotion/ appointment to the post of B.T.Assistant Chemistry. Since the equivalence of degrees was not granted by the Government, the petitioner is constrained to move the present writ petition.

3. Learned Special Government Pleader appearing for the respondents 1, 2, 4 and 5 drew the attention of this Court with reference to the equivalence between the degrees viz., B.Sc. Applied Chemistry and B.Sc. Chemistry. The Government rejected the same and held that both the degrees are not equivalent. In this regard, Government issued G.O.Ms.No.172, Higher Education (K2) Department, dated 30.09.2014. Equivalence of Applied Chemistry granted by Annamalai University has been specified below in the said Government Order:

Sl.No. Subjects Equivalent/Not Equivalent
2. Public Services - Educational Qualification - Consideration of B.Sc., Applied Chemistry awarded by Annamalai University as to whether equivalent to the B.Sc., Chemistry Not equivalent
Further, it is stated that pursuant to the directions issued by the Madurai Bench of Madras High Court in the writ petition filed by the petitioner in W.P.No.10481 of 2014, the respondents considered the claim of the petitioner and rejected the same based on the said Government order issued in G.O.Ms.No.172, Higher Education (K2) Department, dated 30.09.2014.

4. When the Government passed an order stating that B.Sc. Applied Chemistry granted by Annamalai University through distance education is not equivalent to the degree of B.Sc. Chemistry, the petitioner is not entitled for promotion to the post of B.T.Assistant Chemistry. Thus, the decision of the respondents are in consonance with the Government orders in force.

Thus, this Writ Petition is devoid of merits and accordingly, stands dismissed. No costs. Connected miscellaneous petition is closed.

01.09.2022 Index : Yes Speaking order gm S.M.SUBRAMANIAM., J gm To

1.The Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

3.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

4.The Chief Educational Officer, Theni District, Theni.

Writ Petition No.24432 of 2015

01.09.2022

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