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2025 Supreme(Online)(Mad) 19307
2025 MHC 361
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.JAYACHANDRAN, R.POORNIMA, JJ.
The secretary, Teachers Recruitment Board - Appellant
Versus
Dr.R.Dominic Sahaya Rajan - Respondent
W.A(MD)No.1861 of 2021 and C.M.P(MD)No.8128 of 2021 and 9503 of 2023
Decided on : 06-02-2025
Advocate Appeared :
For the Appellant : Mr.VR.Shanmuganathan
For the Respondent : Mr.T.Aswin Rajasimman for Mr.S.Rajasekar, Mr.V.Om Prakash
The authority to issue Equivalency Certificates lies with the concerned University, not the Equivalency Committee, impacting the selection process for academic appointments.
Headnote:(A) Teachers Recruitment Board - Selection Process - Equivalency Certificate - The Writ Petitioner, possessing a Ph.D., was initially not considered for additional marks in the selection process due to the absence of an Equivalency Certificate, which was later provided. The court ruled that the relevant authority for issuing such a certificate is the concerned University, not the Equivalency Committee. (Paras 4, 6, 7)
(B) Writ Jurisdiction - Mandamus - The court granted directions for the Writ Petitioner to obtain a Relevancy Certificate from an Expert Committee, emphasizing the need for proper evaluation of qualifications relevant to the post of Assistant Professor. (Paras 7)
Facts of the case:
The Writ Petitioner was non-selected for the Assistant Professor position due to not producing an Equivalency Certificate for his Ph.D. in Oceanography, which he argued was relevant to Chemistry. The Teachers Recruitment Board contested that the certificate was not issued by the appropriate authority in time. (Paras 3, 4)
Findings of Court:
The court found that the Writ Petitioner was qualified and directed the establishment of an Expert Committee to assess the relevancy of his qualifications. (Paras 7)
Issues: The primary issue was whether the Writ Petitioner’s Ph.D. was equivalent to the required qualifications for the Assistant Professor position. (Paras 5, 6)
Ratio Decidendi: The court held that the authority to issue a Relevancy Certificate lies with the concerned University, and the Writ Petitioner must obtain this certificate to validate his qualifications. (Paras 7)
Result: Writ Appeal partly allowed with directions for the establishment of an Expert Committee.
JUDGMENT :
G.JAYACHANDRAN, J.
This Writ Appeal is directed against the order of this Court made in W.P(MD)No.1326 of 2014, dated 5.11.2020.
2.Heard the learned counsels for the appellant, Teachers Recruitment Board, State and Department of Collegiate Education.
3.It is a case of non-selection of first respondent/Writ Petitioner for the post of Assistant Professor in Chemistry pursuant to the notification issued by the Teachers Recruitment Board. The grievance of the first respondent/Writ Petitioner is that he possessed Ph.D and his Ph.D was not taken into consideration for giving additional marks in the selection process on the ground that he had not produced the Equivalency Certificate.
4.The first respondent/Writ Petitioner was successful before the learned Single Judge that her Ph.D is relevant to the subject for which he has sought for appointment as Assistant Professor. Being aggrieved by the order of the learned Single Judge, the Teachers Recruitment Board has preferred the Writ Appeal on the ground that the Writ Petitioner failed to produce the Equivalency Certificate prior to the date of notification. Certificates later produced is not by an Expert’s Committee for Equivalency as mandated by the University Grants Commission. Further, it is also contended that the Writ Petition was filed two years after the notification and the certificate issued by the Registrar of Alagappa University in the year 2018, cannot be considered after a lapse of several years from the date of notification.
5.The learned counsel appearing for the Writ Petitioner/first respondent would submit that the topic of research by the Writ Petitioner which has enured her Doctorate is very much relevant to the Chemistry and the same is certified by the Registrar of Alagappa University vide Certificate, dated 09.05.2018. Further, the Division Bench of this Court has already held that such Equivalency/Relevancy Certificate has to date back to the date of acquisition of qualification and therefore, he is not liable to be appointed by the Teachers Recruitment Board and the certificate issued by Alagappa University out-saying that Ph.D qualification acquired by the Writ Petitioner is relevant to the subject Chemistry.
6.Considering the above submissions, this Court finds that the Writ Petitioner been qualified to be appointed as Assistant Professor by acquiring Master degree in Chemistry and M.Phil and he is in-fact, been working as Assistant Professor in a private college for few years even before applying for the post of Assistant Professor in Government College. If his Ph.D qualification acquired in the year 2010 is taken into consideration relevant to the post applied, he will be getting additional incentive of three more marks and his candidature would have been considered for appointment. In the above circumstances, this Court is of the opinion that though the stand taken by the Teachers Recruitment Board after scrutinizing the application is substantially reasonably and acceptable, but later qualifications prescribed by the Government by way of Government Orders, it is now made clear that as far as Ph.D and M.Phil is concerned, Power to give Relevancy Certificate is vested with the concerned Universities and not with the Equivalency Committee. It is made clear from G.O.15, Higher Education Department, dated 22.01.2019. The Writ Petitioner soon after the declaration of the result and soon after he was put on notice about the rejection of his application, had approached this Court by filing Writ Petition seeking mandamus and consequential relief to accept his Ph.D in Oceanography from Alagappa University is equivalent to Ph.D in Chemistry and to award marks for the said additional qualification including teaching experience.
7.The Teachers Recruitment Board has opined that Doctorate in Oceanography is not certified by the Competent Committee as equivalent to Ph.D in Chemistry. However, the certificate issued by the Registrar of Alagappa University which is the U
