CORAMTHE HONOURABLE Mr v. State of Tamilnadu represented bySecretary to Government

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.08.2009CORAMTHE HONOURABLE Mr.JUSTICE M.M. SUNDRESHW.P.No. 6577 of 2008ANDM.P.NO. 1 OF 2008J. Sasikala... PetitionerVs1.State of Tamilnadu represented bySecretary to Government,School Education Department,Fort St. George,Chennai- 600 009.2.Teachers Recruitment Board,4th Floor,E.V.K. Sampath Building,College Road,Chennai- 600 006.represented by its Chairman.3.The Director of School Education,Chennai- 600 006.... RespondentsPRAYER: Petition filed under Article 226 of the Constitution ofIndia for a writ of certiorarified mandamus, calling for therecords, of the second respondent relating to the DirectRecruitment of Junior Graduate Assistant for GovernmentMiddle/High/Higher Secondary Schools, 2006-2007 in so far as itrelated to the petitioner (Roll No.G.05110588) and the letterNo.2277/B4/2007 dated 11.09.2007, and quash the non-selection ofthe petitioner and also the order dated 11.09.2007 and issueconsequential directions to the respondents to select and appointthe petitioner as junior Grade Assistant based on the results ofthe Competitive Examination held on 05.11.2006 by the secondrespondent and the certificate verification on 24.04.2007. For Petitioner : Mr.A.R. Sureshfor Mr. J. Muthukumaran & C.D. SugumarFor Respondents : Mrs.Lita Srinivasan,Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ ORDERThe petitioner herein is a degree holder having completed thesubject of Bio-Chemistry in B.Sc. Degree. Pursuant to that he hadalso obtained a degree in B.Ed. in Physical Science. Thereafter,he had applied for the Post of Graduate Assistant for Government /Middle Higher/ Secondary School in pursuant to the prospectusissued, on 02.09.2006. The petitioner was also allowed to writethe examination and called for the interview. However, at the timeof interview the petitioner was informed that he cannot beconsidered for the said post since the qualifications obtained byhim is only for the post of Bio-Chemistry, as against therequirements of B.Sc. Chemistry Degree. Challenging the same, thewrit petition has been filed. 2. The learned counsel for the petitioner submitted that boththe Bharathiyar University and Bharathidasan University havetreated B.Sc. Bio-Chemistry, on par with B.Sc. Chemistry. Even theGovernment in G.O.Ms.No.254, dated 22.10.1998 has treated the B.Sc.Degree for the course of Bio-Chemistry, on par with B.Sc. Chemistryin so far as the said degree obtained from the Bharathidasanuniversity is concerned. In the present case, the petitioner hasobtained the degree from Avinashilingam Institute for Home Scienceand Higher Education for Women, which is a deemed University.Therefore, the petitioner had submitted that taking intoconsideration the above said case, the petitioner ought to havebeen granted the post by treating the B.Sc. Bio-chemistry degree,as the one equivalent to the B.Sc. Chemistry. 3. Per contra, the Government Pleader had submitted that thepetitioner is bound by the prospectus issued by the secondrespondent. The prospectus clearly specifies the qualificationwhich is only a degree in B.Sc. Chemistry. It is further submittedthat Clause-I of the prospectus specifically states that the postis to be filled up after certificate verification. Hence eventhough the petitioner has got sufficient marks to get the post, thepost will be given to the petitioner only after verification andtherefore, after the scrutiny of the certificate the 2nd respondenthas rightly refused to give an appointment. 4. Heard the contention of the learned counsel for thepetitioner and the learned Government Advocate.5. The petitioner cannot rely upon the Government order, dated22.10.1998, as well as the validation done by the BharathiyarUniversity. A validation of the certificate from one Degree toanother Degree has to be done by the educational authorities andthis Court cannot take such a power and treat the degree of thepetitioner as one on par with a B.Sc. Chemistry Degree. Further, https://hcservices.ecourts.gov.in/hcservices/ the prospectus clearly stipulates that the qualification is onlyB.Sc. Degree. 6. The learned Government Advocate has relied upon theJudgement of the Honourable High Court in W.P.No.37078 of 2005dated 10.08.2006, wherein in identical circumstance this HonourableCourt had rejected the plea on the ground that merely because thepetitioners were allowed to write the examinations, it will notgrant them indefeasible right to be selected to the post. Para-6 ofthe order of the Honourable High Court reads as follows:"6. This Court carefully considered the argumentsof the counsel on either side and perused the materialrecords placed. To decide the issues involved in thiscase, the prospectus issued by the respondents for theacademic years 2004-2005 and 2005-2006 are very muchnecessary wherein the estimated vacancy relating to eachand every subject is clearly mentioned.In thequalification column, it is mentioned that a degree inB.A. or B.Sc., in relevant subject with B.Ed., candidatesshould possess knowledge of Tamil of 10th standard levelalone can participate. In the said prospectus, it isspecifically found mentioned that Physics, Chemistry,Biology and Zoology along with other subjects, but Bio-chemistry is not found mentioned, hence, the Court wouldnot interfere with proprietary of particularqualification fixed by the Board. When a candidate didnot possess the advertised qualification, he is noteligible to seek for selection. It is to be rememberedthat the advertisement or prospectus issued by the Boardrestricted the eligibility qualification only to theperson possessing a degree in Chemistry, processed theselection accordingly and the person who do not possesssuch qualification is not eligible for consideration. Aletter dated 06.06.2002 issued by the Government of TamilNadu was relied upon by the learned counsel for thepetitioners to say that the candidates who possess B.Sc.,Bio-Chemistry and Physical Science be appointed asScience graduate Teacher in Government Aided School. Thesaid letter cannot be relied on when advertisement orprospectus stipulates only degree in Chemistry. Anyinterference by introducing Bio-Chemistry in theselection made already amounts to unsettling the settledthings. Merely because the petitioners were allowed towrite the written examinations, it will not grant themindefeasible right to be selected to the post." 7. It is seen that the facts involved in the said case aresimilar to the present case. Therefore, on consideration of theabove said Judgment as well this Court is of the opinion, the writpetition is liable to be dismissed. However, it is made clear that https://hcservices.ecourts.gov.in/hcservices/ the dismissal of the writ petition will not stand in the way of thewrit petitioner approaching the Government for seeking validationof the Certificate obtained by the petitioner for B.Sc. BioChemistry as one on par with B.Sc. Chemistry. As and when thepetitioner approaches the Government and make such a request, theGovernment shall consider the same without reference to the orderspassed by this Honourable Court and by taking into considerationthe earlier orders passed in G.O.Ms.No.254 dated 22.10.1998. With this observation, this writ petition is dismissed. Asand when the petitioner approaches the Government, the same has tobe considered within a period of eight weeks from the date ofreceipt of the said representation to be made by the petitioner.Consequently, the connected Miscellaneous Petition is also closed.MpsSd/-Asst. Registrar//True Copy//Sub Asst. RegistrarTo1.The Secretary to Government,of Tamil Nadu,School Education Department,Fort St. George,Chennai- 600 009.2.The Chairman, Teachers Recruitment Board,4th Floor,E.V.K. Sampath Building,College Road,Chennai- 600 006.3.The Director of School Education,Chennai- 600 006.+ 1 cc to Mr. C. D. Sugumar, Advocate SR No.38979+ 1 cc to Government Pleader, SR No.38679BV(CO)SR/31.8.2009W.P.No. 6577 of 2008 AND M.P.NO. 1 OF 2008