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2024 Supreme(Online)(MAD) 4162

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.330 of 2024 and W.M.P.Nos.395 and 396 of 2024 C.Sudhadevi ...Petitioner -Vs-

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Fort St.George, Secretariat, Chennai – 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai – 600 006.

3.The Secretary, Teachers Recruitment Board, Puratchi Thalaivar Dr.MGR Centenary Building, 3rd and 4th Floor, College Road, Nungambakkam, Chennai – 600 006. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to participate in the selection by direct recruitment to the post of Graduate Teacher/B.T.Assistant (Science) as per Notification No.03/2023 dated

25.10.2023 and the Addendum Notification No.03A/2023 dated 15.11.2023 issued by the 3rd respondent Teachers Recruitment Board (TRB), by considering B.Sc (Bio-Chemistry) Degree obtained by the petitioner and consequently to consider the petitioner for selection and appointment to the post of B.T.Assistant (Science) based on merit in selection.

For Petitioner : Mr.G.Sankaran Senior Counsel for Mr.S.Nedunchezhiyan For R1 and R2 : Mr.S.Arumugam Government Advocate For R3 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.C.Kathiravan Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondents to permit the petitioner to participate in the selection by direct recruitment to the post of Graduate Teacher/B.T.Assistant (Science) as per Notification No.03/2023 dated 25.10.2023 and the Addendum Notification No.03A/2023 dated 15.11.2023 issued by the 3rd respondent Teachers Recruitment Board (TRB), by considering B.Sc (Bio-Chemistry) Degree obtained by the petitioner and consequently, to consider the petitioner for selection and appointment to the post of B.T.Assistant (Science) based on merit in selection.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner, after completion of his +2, had completed B.Sc. (Bio-

Chemistry) from Thiruvalluvar University in the year 2007. Thereafter, he has also completed B.Ed in the year 2008. He was allowed to write Teacher Eligibility Test in the year 2013 and he had passed TET-II. Thus, he is qualified to be appointed to the post of Graduate Teacher/B.T.Assistant in School Education Department. While being so, the third respondent issued a notification dated 25.10.2023, inviting application for direct recruitment to the post of Graduate Teacher/BRTE in school education. By the Addendum another notification dated 15.11.2023 was issued, thereby additional vacancies to the post of Graduate Teacher/BRTE for different departments was notified. The last date for submission of application was extended upto 07.12.2023. When the petitioner submitted an application through on-line, it was not accepted in the web portal for the reason that the “Roll number” is not eligible as the candidate has not qualified in TNTET Exam. He had scored 82 marks in TET Paper-II conducted on 18.08.2013 and declared qualified for certificate verification. In fact, his certificates were verified on 06.05.2014. Therefore, the petitioner had approached the third respondent and it was informed that the qualification of B.Sc (Bio-Chemistry) is not equivalent to B.Sc (Chemistry) as per G.O.Ms.No.72, Higher Education Department dated 30.04.2013. Therefore, his application was not accepted by the website portal.

4. The learned Senior Counsel appearing for the petitioner would submit that originally he had joined B.Sc (Bio-Chemistry) course in Islamia College for Women, Vaniyambadi, Tirupattur District, affiliated to Madras University at the time of her admission. During the middle of academic session 2003-2004, Thiruvalluvar University was established and the Islamia College for Women has been re-affiliated to newly formed Thiruvalluvar University. She had successfully completed her degree and it is equivalent to B.Sc. (Chemistry) as per various Government Orders in force. Accordingly, she was also permitted to get admission to B.Ed degree course in the year 2007-2008. She had also qualified in the TET. Based on the revised syllabus for the degree courses, the Government issued orders in G.O.Ms.No.72 dated 30.04.2013, declaring B.Sc (Bio-Chemistry) is not equal to B.Sc. (Chemistry). Previously it was duly accepted and declared as equivalent to B.Sc (Chemistry).

5. He further submitted that this Court, by an order dated 21.02.2013 in W.P.Nos.35061 of 2013 and batch, held as follows:-

“18. Once the prospectus issued by the TRB state that the person should possess a particular degree or equivalent means, it is not the exact degree that is required and there may be cases, where any equivalent degree can also be considered by the appropriate authorities. The word 'equivalent' must be given a reasonable meaning. In this context, in an identical circumstances, the Supreme Court, in Chandrakala Trivedi vs, State of Rajasthan and others, reported in (2012) 3 SCC 129, in paragraphs 8 and 9, had observed as follows:-

"B. The word 'equivalent' must be given a reasonable meaning. By using the expression “equivalent” one means that there are some degrees of flexibility or adjustment which do not lower the state

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