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2024 Supreme(Online)(Mad) 67065
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Mahadevan, ACJ, Mohammed Shaffiq, J
M.D. Ramya – Appellant
Versus
The State of Tamilnadu represented by its Principal Secretary to Government Higher Education K2 Department Fort St. George, Chennai - 600 009 – Respondent
Writ Appeal No.166 of 2024
For the Appellants/Petitioners: Mrs. Kavitha Nithyanandan
For the Respondents: Mr. D. Ravichander, Ms. A. Shabnam Banu, Mr. R. Neelagandan, Mr. C. Kathirvanan
Vested rights established by prior equivalence certifications cannot be revoked retroactively by later government orders without violating principles of fairness and legal consistency.
Headnote:(A) Education - Equivalence of Degrees - G.O. Ms. No.244, dated 07.11.2022 - The appellant's B.Sc. degree was denied equivalence to B.Sc. (Physics) for public employment purposes, leading to the appellant's challenge in court. The court found that the equivalence certificate previously issued by the University of Madras recognized the appellant's degree as equivalent, which was not to be nullified retrospectively by later orders. (Paras 4, 14, 18)
(B) Powers of Court - Article 226 - The court cannot interfere with expert opinions unless they affect vested rights, which in this case, were established by prior equivalence certification. (Paras 5, 14, 17)
Facts of the case:
The appellant completed her B.Sc. in 2012 and received an equivalence certificate, but later a government order deemed her degree non-equivalent, prompting her to file a writ petition.
Findings of Court:
The court quashed the government order affecting the appellant's employment eligibility and recognized her degree's equivalence from the date of issuance.
Issues: Whether the retrospective application of the equivalence committee's findings infringes on vested rights.
Ratio Decidendi: The court emphasized that vested rights cannot be revoked retroactively and that prior equivalence certifications must be honored.
Result: The appeal was allowed, and the government order was quashed.
| Table of Content |
|---|
| 1. appellant's educational qualifications and equivalence certificates. (Para 1 , 2 , 3 , 4) |
| 2. court's refusal to interfere with expert committee's opinion. (Para 5 , 14) |
| 3. appellant's argument against the retrospective application of g.o. (Para 6 , 7 , 8) |
| 4. validity of appellant's degree considered until the issuance of g.o. (Para 10 , 11 , 12 , 13) |
| 5. equivalence certificates' validity from the date of issuance. (Para 15 , 16) |
| 6. quashing of g.o. and affirmation of appellant's eligibility. (Para 18 , 19) |
JUDGMENT
(Judgment of the Court was delivered by the Hon'ble Acting Chief Justice)
The appellant has come forward with this intra-court appeal, aggrieved by the order dated 29.11.2023 passed by the learned Judge, dismissing Writ Petition No. 30781 of 2023 filed by her.
2. The appellant has filed the aforesaid Writ Petition No. 30781 of 2023 praying to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent in G.O. Ms. No.244, Higher Education (K2) Department dated 07.11.2022 insofar as it relates to item No.29 stating that B.Sc. Science (Mathematics, Physics, Computer Science) awarded by Sri Venkateswara University is not equivalent to B.Sc. (Physics) for the purpose of employment in public service and to quash the same as illegal and unsustainable in law, insofar as the petitioner is concerned and for a consequential direction to treat the writ petitioner-appellant as eligible for employment in public services of the State holding that B.Sc. (MPC) acquired by her is equivalent to B.Sc. (Physics).
3. According to the appellant, she has completed S.S.L.C. during the year 2005 and Higher Secondary in the year 2007. Thereafter, the appellant completed B.Sc., Science (Mathematics, Physics, Computer Science) (Triple Major) in the year 2012 at Sri Venkateswara University, Tirupathi. Later, the appellant also completed B.Ed., during the year 2014. Subsequently, the appellant pursued M.Sc. (Physics) and completed it in the year 2014 from University of Madras. According to her, the second respondent University also issued an equivalence certificate to her stating that the degree of B.Sc. (Mathematics, Physics, Computer Science) pursued by her is equal to the corresponding degree offered by the second respondent university for the purpose of appointment in Government service. Similarly, the second respondent university also issued an equivalence certificate to the effect that the degree of Bachelor of Education in Physical Science and Mathematics awarded to her by Sri Venkateswara University, Andhra Pradesh has been recognised as equivalent to corresponding B.Ed., course offered by the second respondent.
4. The appellant further stated that she appeared for TNTET Paper - II during August 2013 and thereafter in the years 2017 and 2022. The appellant was also called for an interview during the years 2013 and 2017 but no objection whatsoever was raised by the third respondent regarding the eligibility of the appellant to participate in the selection process for public appointment on the basis of the educational qualification obtained by her. While the appellant was waiting for government appointment, the first respondent issued G.O. Ms. No.244, Higher Education (C2) Department dated 07.11.2022 stating that B.Sc., Science (Mathematics, Physics, Computer Science) awarded by Sri Venkateswara University is not equivalent to B.Sc. (Physics) for the purpose of public employment in the State. Challenging the validity of G.O. Ms. No.244 dated 07.11.2022, the appellant has filed the writ petition before the learned Judge.
5. When the writ petition was listed for hearing, the learned Judge observed that when an expert committee renders its view with regard to evaluation and equivalence between two degrees, this Court cannot, in exercise of powers under Article 226 of the Constitution of India , interfere with the same and re-appraise the decision of the experts. For this purpose, the learned Judge placed reli
