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2026 Supreme(Online)(Mad) 29631

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SRIMATHY, J, P.Jayachandran,
P.Jayachandran – Appellant
Versus
The Principal Secretary to the Government, Department of School Education, Secretariat, Chennai-600 009. – Respondent
Writ Petition|W.P(MD)No.286 of 2026



Advocates:
For the Appellants/Petitioners: Mr.T.Aswin Raja Simman
For the Respondents: Mr.N.Sathish Kumar Additional Government Pleader, Mr.V.Karthik Raja for M/s.Ajmal Associates

Court directs timely constitution of Equivalence Committee for degree equivalence assessment per rules.

Headnote:First Paragraph: Relevant rules under Tamil Nadu Private Schools Regulation Rules, 2023 permit equivalent qualifications to stipulated certificates. Petitioner holds B.P.Ed. degree from university, promoted to Physical Education Teacher, but promotion approval rejected due to lack of equivalence. Prior court order directed referral to Equivalence Committee without time limit. Court finds need for timely decision to avoid employment stagnation. Second Paragraph: Issue framed as whether B.P.Ed. qualifies as equivalent to Certificate/Diploma in Physical Education per rules. Ratio: Court mandates constitution of Equivalence Committee by appropriate authority, considering prior directions, to assess equivalence. Third Paragraph: Writ petition disposed with direction to sixth respondent to consider representation and pass orders within four months.

Table of Content
1. writ seeks mandamus for equivalence committee constitution. (Para 1 , 2)
2. prior order directed equivalence assessment without timeline. (Para 4 , 5)
3. directs higher education authority to decide within four months. (Para 6 , 7)

ORDER

The present writ petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to constitute an Equivalence Committee to determine the equivalence of the B.P.Ed. degree awarded by the second respondent University, by considering the petitioner’s representation dated 16.02.2026.

2. Mr. N. Sathish Kumar, learned Additional Government Pleader, takes notice for respondents 1 and 3 to 6, and Mr. V. Karthik Raja, learned counsel, takes notice for the second respondent. 3.By consent of both parties, the writ petition is taken up for final disposal at the stage of admission.

4. The petitioner was originally appointed as a Record Clerk in MAVMM Higher Secondary School and has presently been promoted to the post of Physical Education Teacher based on his B.P.Ed. degree awarded by the second respondent University. However, in the absence of an equivalence, Government Order issued by the State Government, the competent authority rejected the proposal submitted by the School Management seeking approval of the promotion, on the ground that the B.P.Ed. degree is not stipulated as a required qualification under the Tamil Nadu Private Schools Regulation Rules, 2023. Thereafter, the School Management filed a writ petition in W.P.(MD) No. 286 of 2026 before this Court. This Court, after considering the rival submissions, by order dated 04.02.2026, held as follows:-

“7. Since the above Rule itself permits and equivalent qualification to be considered, the issue of whether the petitioner's qualification is equal to the Certificate/Diploma in Physical Education shall be referred to an Equivalence Committee by the respondents. On the basis of the decision of the Equivalance Committee, the proposal of the petitioner school shall be reconsidered.”

5. However, this Court did not prescribe any time limit for considering the same. The petitioner is now aggrieved that, as the issue of equivalence has not been decided, he is unable to progress in his employment due to the lack of approval. Hence, the present writ petition has been filed.

6. The learned Additional Government Pleader appearing for respondents 1 and 3 to 5 submitted that the appropriate authority is the Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai–9; however, the said authority has not been impleaded in the writ petition. Accordingly, the Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai–9, is suo motu impleaded as the sixth respondent in this writ petition.

7. Considering the above, the sixth respondent is directed to consider the petitioner’s representation dated 16.02.2026 and pass orders in light of the order passed by this Court in W.P.(MD) No. 286 of 2026, dated 04.02.2026. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

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