IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.03.2025 CORAM THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.14094 of 2018 and W.M.P.No.16668 of 2018 V.Archunan ... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 9.

2.The Director of School Education, College Road, Nungambakkam, Chennai 600 006.

3.The Chief Educational Officer, Nagapattinam, Nagapattinam District.

4.The District Educational Officer, Nagapattinam, Nagapattinam District.

5.The District Elementary Educational Officer, Nagapattinam, Nagapattinam District.

6.The Block Educational Officer, Vedaranyam Block, Vedaranyam Taluk, Nagapattinam District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relates to the proceedings of the fifth respondent in Na.Ka.No.1503/Aa2/2018 dated 21.05.2018 and quash the same and consequently, direct the respondents to promote the petitioner as B.T.Assistant (Science) in Vedaranyam Block, Vedaranyam Taluk, Nagapattinam District.

For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mrs.P.Rajarajeswari, GA

ORDER

This Writ Petition has been filed to call for the records relating to the proceedings of the fifth respondent in Na.Ka.No.1503/Aa2/2018 dated 21.05.2018 and quash the same and consequently, direct the respondents to promote the petitioner as B.T.Assistant (Science) in Vedaranyam Block, Vedaranyam Taluk, Nagapattinam District.

2. Heard Mr.V.Kasinatha Bharathi, learned counsel for the petitioner, Mrs.P.Rajarajeswari, learned Government Advocate for the respondents and perused the materials available on record.

3. The petitioner who has been working as Secondary Grade Teacher has qualified himself in B.Ed degree on 31.10.2011. He has also undertaken a degree courses in B.Sc.,(Maths) and B.Sc.,(Zoology). The petitioner has completed his B.Sc.,(Maths) during the academic year 2013-16 and he has completed B.Sc.,(Zoology) during the academic year 2014-17. The petitioner's name has been included in the qualified list of persons who have acquired B.Ed degree as on 01.01.2017 and the persons having the qualification of B.Sc.,(Maths) in B.T.Assistant (Maths) panel as on 01.01.2018.

3.1. The petitioner's grievance is that despite he has acquired a degree in B.Sc., (Zoology) also, his name was not included for B.T.Assistant (Science) panel list as on 01.01.2018. The representation given by the petitioner to this effect has been rejected by the fifth respondent on the observation that the petitioner has done both the degrees in one and the same time.

3.2. The petitioner's B.Sc.,(Maths) degree course had spread across the academic years 2013-14, 2014-15 and 2015-16. The petitioner's B.Sc., (Zoology) degree had spread across the period from 2014-15, 2015-16 and 2016-17. As the petitioner appears to have studied B.Sc., (Maths) and B.Sc., (Zoology) simultaneously during the academic year 2014-15, 2015-16, the petitioners request to include him in the B.T.Assistant (Science) panel was rejected.

4. The learned counsel for the petitioner submitted that the rule of simultaneous degree is applicable only for acquiring U.G. degree along with B.Ed and that will not applicable for acquiring two U.G degrees apart from B.Ed in one and the same time. The petitioner had obtained B.Ed degree in the year 2011. He had simultaneously done B.Sc.,(Maths) and B.Sc.,(Zoology) and he claims that he is eligible to be included in B.T.Assistant (Science) panel also as on 01.01.2018. Reliance was placed on the judgment of the Hon'ble Supreme Court held in the case of A.Dharmaraj Vs. The Chief Educational Officer, Pudukkottai, reported in CDJ 2022 SC 213

5. The above said case involves the person who had done two degrees viz., B.A., (English) and M.A., (Tamil) simultaneously. On facts, it is seen that the petitioner involved in that case had completed B.A., (English) during January 2012 to December 2014