ORDER

This Writ Petition has been filed seeking issuance of Writ of Mandamus to direct the first respondent to refer the issue relating to the equivalence of B.P.Ed., degree awarded by University of Mysore, Karnataka State to B.P.Ed., decree offered by any of the Universities in the State of Tamil Nadu as a necessary qualification for the post of Special Teacher in Physical Education pursuant to the Notification No.05/2017 dated 26.07.2017 to the fourth respondent Equivalence Committee as requested by the second petitioner in his representation dated 01.12.2020 within a time frame to be fixed by this Court and consequently, based on the resolution, direct the second respondent to delete the endorsement 'withheld' made against the names of the petitioners in the Revised Provisional Selection List dated 28.10.2020 in Sl.No.177 and 223 issued by the second respondent for direct recruitment to the post of Special Teacher in Physical Education for the years 2012-

2016.

2. Heard Ms.C.Uma, learned counsel for the petitioners and Mr.C.Kathiravan, learned counsel for R2 and Mr.T.Chezhiyan, learned Additional Government Pleader appearing for the respondents 1 and 3.

3. The petitioners have completed B.P.Ed in the University of Mysore. They applied to the post of Special Teacher in Physical Education in School Education and other Departments for the year 2012- 16, pursuant to the notification No.05/ 2017 dated 26.07.2017. Though the petitioners were eligible to be selected for the above said post, their appointment has been withheld for want of equivalent Government Order.

4. The learned counsel for the petitioners submitted that similarly placed persons like the petitioners have obtained C.P.Ed and B.P.Ed qualification from the Universities from Karnataka and they had filed a Writ Petition in W.P.No.29868 of 2018 challenging the provisional select list dated 12.10.2018 issued pursuant to the Notification No.5/2017 dated 26.07.2017. The said Writ Petition was dismissed by an order dated 27.02.2018 by stating that the equivalent qualification has to be done in the manner prescribed. Aggrieved over the said order, the petitioners therein filed a Writ Appeal. In the said Writ Appeal, a direction was given to the Government to constitute an Equivalence Committee to find out whether the diploma acquired by the petitioners can be declared equivalent to the qualifications referred in the Notification and Service Rules. Consequently, the fourth respondent has constituted an Equivalence Committee vide G.O.Ms.No.143 dated 19.08.2019 declaring the C.P.Ed qualification obtained from Karnataka University is equivalent to the lower / higher grade course obtained from the Universities from Tamil Nadu. However, the equivalence Committee failed to consider whether B.P.Ed offered by the Karnataka State is equal to B.P.Ed awarded by the Universities in Tamil Nadu.

4.1. The first respondent while requesting the Equivalence Committee to consider the equivalence of C.P.Ed from Karnataka to the Lower / higher course of the Director of Government Exams Tamil Nadu, ought to have also requested to consider the equivalence of B.P.Ed of Mysore University to the B.P.Ed offered by the Universities in Tamil Nadu. Due to the inaction on the part of the first respondent, the petitioners' appointment to the post of Physical Education Teacher has been withheld. Therefore, the second petitioner submitted a representation to the first respondent to refer the issue relating to the equivalence of B.P.Ed from Mysore University to B.P.Ed from Universities in Tamil Nadu for the purpose of employment in public services. Since no fruitful action is forthcoming, the petitioners are before this Court.

5. The first respondent while requesting the Government to constitute an Equivalence Committee to declare the C.P.Ed obtained from the Karnataka University is equivalent to the Lower Grade / Higher Grade Courses obtained from the Universities from Tamil Nadu, ought to have made a recommenda