IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 09.10.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

W.P. NOS. 30662 & 30663 OF 2013

Alayee

.. Petitioner in both petitions

- Vs -

1. The Secretary to Government

Government of Tamil Nadu

School Education Department

Secretariat, Chennai.

2. The Chairman (School Education)

Teachers Recruitment Board

4^th Floor, EVK Sampath Maaligai

College Road, Chennai – 6.

3. The Equivalence Committee

The State Council for Higher Education

Lady Wellington College Campus

Chennai.

4. Annamalai University

rep. By its Registrar

Annamalai Nagar

Chidambaram 608 002.

.. Respondents in both petitions

W.P. No.30662 of 2013 filed under Article 226 of the

Constitution of India praying this Court to issue a writ of

certiorarified mandamus calling for the records of the 2^nd

respondent relating to the orders dated 23.10.13 issued to the

petitioner stating that the petitioner is ineligible for the

post of Post-Graduate Assistants since she has not produced

equivalence certificate for M.Com., degree and quash the same

and direct the 3^rd respondent to submit a report that M.Com (Co-

operative Management) is equivalent to M.Com accepting the

proposal of the 4^th respondent Annamalai University to enable the

1^st respondent to issue a Government Order based on the report of

the Equivalence Committee of the 4^th respondent and consequently

direct the 2^nd respondent to issue appointment orders to the

petitioner appointing them as Post Graduate Assistants in

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commerce subjects in any of the Government or aided schools.

W.P. No.30663 of 2013 filed under Article 226 of the

Constitution of India praying this Court to issue a writ of

certiorarified declaration declaring that clause 6 in the

notification/advertisement dated No.02/2013 dated 9.5.13 issued

by the 2^nd respondent insofar as it states that “equivalence G.O.

Issued by the Government of Tamil Nadu prior to the date of

notification alone be considered” as illegal, arbitrary and

violative of Article 14 and 16 of the Constitution of India.

For Petitioner : Mr. N.Umapathi

For Respondents: Mr. C.Munusamy, Spl. GP for R-2

Mr. S.Sureshkumar, GA for RR-2 & 3

Mr. V.R.Kamalanathan for

Ms. Yogapriya for R-4

COMMON ORDER

It is the case of the petitioner that she completed B.Com.

Degree and, thereafter, completed M.Com. (Co-operative

Management) in the year 2002 from the 4^th respondent and,

thereafter, obtained B.Ed. Degree as well.

2. In pursuance to the Adversitement/Notification

No.02/2013 dated 9.5.13 issued by the 2^nd respondent calling for

applications for direct recruitment to the post of Post-Graduate

Assistants for the vacancies of the year 2012-2013, wherein

qualification prescribed for the above post was M.Com., with a

further rider that in cases of qualification other than M.Com.,

possessed by an individual, Government Order certifying its

equivalence should be produced and that the said Government

Order should have been issued prior to the date of the

notification, which alone would be considered.

3. The grievance of the petitioner herein is that though

she is possessed of qualification of M.Com. (Co-operative

Management) obtained from Annamalai University and further the

4^th respondent has also addressed the Government to certify that

M.Com. (Co-operative Management) is equal to M.Com., however,

the 3^rd respondent has not passed any order on the equivalence of

the degree obtained by the petitioner as equivalent to M.Com.

Though the 4^th respondent had addressed the 2^nd respondent way

back on 19.8.13 asking for grant of equivalence certificate,

however, no orders have been passed on the equivalence of the

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