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Article 309 in The Constitution Of India 1949
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Madras High Court
G.Selvam vs The Chairman on 20 August, 2010
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2010

CORAM:

THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN

W.P.Nos.12780, 13188 and 13189 of 2010
And
M.P.Nos.1,2,1,2,1 and 2 of 2010

G.Selvam					..          Petitioner in WP No.12780/2010
C.Balalsubramanian			..          Petitioner in WP No.13188/2010
N.Thennarasan				..          Petitioner in WP No.13189/2010

vs.

The Chairman,
Teacher Recruitment Board,
4th Floor, E.V.K.Sampath Maligai,
College Road,
Chennai-600 006.			          ..           Respondent in WP No.12780/2010

The Member Secretary,
Teachers Recruitment Board,]
E.V.K.Sampath Maligai,
College Road,
Chennai-600 006.

The Secretary to Government,
School Education Department,
Fort St. George,
Chennai-600 009.

The Director of School Education,
College Road,
Chennai-600 006.			        ..            Respondents-1 to 3 in WP Nos.13188 &
						            13189 of 2010


W.P.No.12780/2010:

	Writ Petition filed under 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records on the file of the respondent in so far as the selection of PG Teachers by direct recruitment for the year 2009-2010 in Roll No.A04250007 and quash the same as illegal, incompetent and unconstitutional and further direct the respondent to appoint the petitioner as PG Teacher.

W.P.Nos.13188 & 13189/2010:

	Writ Petitions filed under Article 226 of the Constitution of India, praying for the issue of Writs of Mandamus, to direct the respondents 1 to 3 to declare a pass in M.Sc. (Inorganic Chemistry) is eligible for appointment to the post of P.G. Assistant in the Tamil Nadu Higher Secondary Education Service and to direct the respondents 1 to 3 to appoint the petitioner to the post of P.G. Assistant in the Tamil Nadu Higher Secondary Education Service in accordance with his employment seniority and the certificate verification completed on 12.3.2010.



	For Petitioner in WP 12780/2010	:  Mr.V.Lakshminarayanan

	For Petitioner in WPs 13188 
				& 13189/2010	:  Mr.M.Suresh Kumar

	For Respondents in all WPs		:  Mr.K.H.Ravikumar,
							   Government Advocate 									   (Education).





COMMON ORDER

	The petitioners in these writ petitions seek appointment to the post of Post Graduate Teachers by considering the Post Graduate Degrees that they have in special branches of certain subjects as equivalent to the Post Graduate Degrees in the general branches of those subjects.
	2. I have heard Mr.V.Lakshminarayanan and Mr.M.Suresh Kumar learned counsel appearing for the petitioners. Mr.K.H.Ravikumar, learned Government Advocate takes notice for the respondents.
	3. The petitioner in W.P.No.12780 of 2010 has a B.Sc., degree in Physics, a M.Sc., degree in Bio-Physics and a B.Ed., degree. The petitioners in the other two writ petitions have a B.Sc., degree in Chemistry, a M.Sc., degree in Inorganic Chemistry and a B.Ed., degree. 
	4. The petitioners were sponsored by the Employment Exchange and were invited by call letters dated 3.3.2010 by the Teachers Recruitment Board for certificate verification and for consideration for recruitment to the post of P.G. Assistants in the Tamil Nadu Higher Secondary Educational Service. While the petitioner in the first writ petition was invited for consideration for the post of P.G. Assistant in Physics, the petitioners in the other two writ petitions were invited for the post of P.G. Assistants in Chemistry. However, the petitioners were not selected, since the Post Graduate Degrees obtained by the petitioners in special branches such as Bio-Physics and Inorganic Chemistry, were not considered as equivalent to Post Graduate Degrees in the general branches such as Physics and Chemistry respectively. Therefore, the petitioners are before this Court.
	5. The contentions of the petitioners are three fold viz.:-
	(i) that the Universities in which they studied Post Graduate Degrees in special branches considered them as equivalent to those in general branch;
	(ii) that in the past, the respondents have appointed persons with Post Graduate Degrees in special branches, on the understanding that they are fully qualified as per the Rules and hence there is no reason to take a different view this year; and
	(iii) that in a judgment delivered by K.Chandru, J., in W.P. No.6781 of 2010, dated 30.4.2010, in K.Indhurani vs. The Member Secretary, Teachers Recruitment Board, the learned Judge held that the P.G. Degree in Organic Chemistry should be considered as equivalent to P.G. Degree in Chemistry and the writ petitioner therein should be considered for appointment. 
	6. There is no dispute about the fact that the Annamalai University in which the petitioners in W.P.Nos.13188 and 13189 of 2010 had studied M.Sc., in Inorganic Chemistry had issued a certificate to the effect that it is equivalent to M.Sc., in Chemistry. But that by itself, cannot be a compelling factor for the State Government, who is the employer, to accept the qualification as equivalent. The employer has the right and the privilege to decide which qualification is essential for which post and which qualification is equivalent to which other qualification. The qualification prescribed by an employer for a post, depends upon the requirements of the post. The posts to which the petitioners herein seek appointment, are the posts of P.G. Assistants in Physics and Chemistry. Persons selected for appointment to these posts, are expected to teach students undergoing the Higher Secondary Courses in the State, under the State Board Curriculum. The syllabus for the Higher Secondary Courses is, without doubt, prepared by the State Government. Therefore, it is only the State Government which would actually know whether persons holding P.G. Degrees in Special Branches of a subject will be able to teach that subject for students pursuing those courses with such a syllabus.
	7. The certificates issued by Universities recognising one qualification as equivalent to another, may not be of any assistance to a person seeking employment to a post. Such certificates are intended to serve a different purpose viz., that of pursuit of higher education. Merely because a qualification is recognised by an educational institution/University, as equivalent to another, for the purpose of pursuing higher education, it cannot be contended that the same benefit should be extended in employment also. In State of Rajasthan vs. Lata Arun {2002 (6) SCC 252}, the Supreme Court held that "it is not for Courts to determine whether a particular educational qualification possessed by a candidate should or should not be recognised as equivalent to the prescribed qualification". However the Court also clarified that nevertheless such matters are justiciable and that in an appropriate case, the Court can examine whether the policy decision or the administrative order dealing with the matter is based on a fair, rational and reasonable ground or whether the decision had been taken on consideration of relevant aspects or whether the exercise of the power is with mala fide intention or whether the decision serves the purpose of giving proper training or whether it is based on irrelevant and irrational considerations or intended to benefit an individual or a group of candidates.
	8. In J.Ranga Swamy vs. Government of Andhra Pradesh {1990 (1) SCC 288}, it was contended by the petitioner that for the post of Professor of Radiological Physics, the Diploma in Radiological Physics from the Bhabha Atomic Research Centre held by him was more relevant than a Doctorate in Nuclear Physics. While rejecting the said contention, the Court held that it is not for the Court to consider the relevance of qualifications prescribed for various posts. Therefore, I cannot accept the contention that since University has equalised the qualifications, they should be treated as equal even by the Government.
	9. However, it appears that in the past, the respondents have appointed persons holding Post Graduate qualifications in special branches, as P.G. Assistants in general subjects. Therefore, the second contention of the petitioners is that the respondents themselves have recognised the qualifications in special branches as equivalent to qualifications in general subjects. 
	10. The correctness of the above contention is not disputed by the respondents. The respondents admit that in the past, they have treated Post Graduate qualifications in special branches as equivalent. In fact, the respondents contend that they had done so in the past, by virtue of the Government Orders. The respondents have given a list of such qualifications, recognised in the past as equivalent, with reference to certain Government Orders. The list is as follows:-
Sl.No.
Subjects
Equivalent 
Authority
1
M.Sc., (Applied Maths)
M.Sc., Maths
G.O.Ms.No.80, P&AR Dept., dt.6.2.1996
2
M.Sc., (Material Science)
M.Sc., Physics
G.O.Ms.No.80, P&AR Dept., dt.6.2.1996
3
M.Sc., (Medical Physics)
M.Sc., Physics
G.O.Ms.No.80, P&AR Dept., dt.6.2.1996
4
M.Sc., (Applied Chemistry)
M.Sc., Chemistry
G.O.Ms.No.80, P&AR Dept., dt.6.2.1996
5
M.Sc., (Life Science with Plant Science Micro-Biology and Bio Technology) (5 years course)
M.Sc., Botany
G.O.Ms.No.232, P&AR Dept., dt. 12.9.1996
6
M.Sc., (Plant Biology and Plant Bio Technology)
M.Sc., Botany
G.O.Ms.No.254, P&AR Dept., dt. 22.10.1998
7
M.Sc., (Life Science with Animal Science)
M.Sc., Zoology
G.O.Ms.No.232, P&AR Dept., dt. 12.9.1996
8
B.A.(Corporate Secretaryship)
B.Com.
G.O.Ms.No.216, P&AR Dept., dt. 27.11.2000
	 11. Apart from the above Government Orders, recognising the Post Graduate Degrees obtained in certain Special Branches as equivalent to the Post Graduate Degrees in general subjects, there was also an amendment introduced to the Special Rules for Tamil Nadu Higher Secondary Educational Service, by virtue of G.O.Ms.No.1622, Education, dated 21.10.1988. By this Government Order,  a proviso was added to the Table in the Annexure to the Special Rules in terms of Rule 7(a). The said proviso reads as follows:-
	"Provided that the Post Graduate Degree holders in the special branch of a subject can be considered eligible to be appointed in the Higher Secondary Schools to teach the relevant subject in the General Branch."

	12. Therefore it was contended by the learned counsel for the petitioners that once a proviso has been inserted by way of amendment to the Special Rules, considering Post Graduate degrees in Special Branches as equivalent to Post Graduate degrees in general subjects, there was no question of the Government going on case to case basis and issuing orders in respect of each Special Branch, as they had done by virtue of the orders listed in paragraph-10 above. 
	13. In response to the above contention, the learned Government Advocate submitted on instructions that the proviso inserted by way of amendment under G.O.Ms. No.1622, Education, dated 21.10.1988, applies only to recruitment by transfer from the category of B.T. Assistants to the category of P.G. Assistants and that the said amendment does not apply to direct recruitment. But unfortunately, for the respondents, the said stand is belied by a notification for direct recruitment issued in the year 2006-2007. Clause 5 of the Prospectus issued by the Teachers Recruitment Board for direct recruitment of P.G. Assistants for the year 2006-2007, read as follows:-
	"5. Qualifications: Candidates should possess M.A./M.Sc./M.Com., in the relevant subject with B.Ed., candidates should have studied the same subject in Bachelor's Degree and Master's Degree, both for academic subjects and Languages. For the post of Physical Education Director-Grade-I, the candidates should have any Bachelor's Degree with M.P.Ed., Degree. All degrees should be from UGC/NCTE recognised Universities only. The candidate should possess knowledge of Tamil of 10th Standard level.
	Note: Postgraduate Degree holders in any special branch of a subject shall be eligible to be appointed in Higher Secondary Schools to teach the relevant subject in the general branch. (G.O.Ms.No.1622, Education (HS2) Department, dated 21.10.1988)."
	14. The respondents have no explanation to offer, as to how the proviso inserted by way of amendment under G.O.Ms.No.1622, Education, dated 21.10.1988, was made applicable even to direct recruitment, in the year 2006-2007, while the stand now taken by them is that the said proviso applies only to recruitment by transfer.
	15. Though the stand now taken by the respondents, actually runs contrary to the stand taken by them, while making direct recruitment in 2006-2007, I cannot go simply on the basis of such contradictory positions taken by the respondents. This is in view of the fact that recruitment to the post of P.G. Assistants is governed by statutory rules issued in exercise of the power conferred by the proviso to Article 309 of the Constitution. Therefore, irrespective of what the respondents had done in the past and what they seek to do at present, the issue raised in the writ petitions has to be decided, only in the light of the statutory rules. Hence, let me now turn on to the position as reflected in the statutory rules.
	16. For the first time, the Government issued the Special Rules for the Tamil Nadu Higher Secondary Educational Service, under G.O.Ms.No.720, Education, dated 28.4.1981. The entire service was to comprise of 5 categories of officers divided into 3 classes. The post of Headmaster/ Headmistress was included in Class-I and the post of Physical Director/ Directress was included in Class-III. The posts of (i) Post Graduate Teachers in academic subjects (ii) P.G. Assistants in languages and (iii) P.G. Assistants (SCERT)  were included in Categories 1, 2 and 3 of Class-II of the said Service. 
	17. Rule 2(a) of the Special Rules prescribed the method of recruitment to each of the categories of the posts. At the time when the higher secondary course was started and this service was created for the first time, even before the issue of the Special Rules in 1981, appointments were made, of persons who came to be later known as "inducted teachers". The Rules took note of the said position and also provided for a ratio in the matter of appointment.
	18. Rule 7(a) of the Special Rules stipulated that no person shall be eligible for appointment to the categories mentioned in Column (1) of the Annexure, by the methods specified in Column (2), unless he possessed the qualifications specified in the corresponding entries in Column (3) thereof. In the Table as it was originally provided in the Annexure to the Special Rules, the qualifications for appointment to the post of P.G. Teachers in Academic Subjects, were indicated in common, for both direct recruitment as well as recruitment by transfer. In other words, in Column (2) as against the category of P.G. Assistants in Academic Subjects, the methods of direct recruitment as well as recruitment by transfer, were indicated together and not separately. Therefore, the relevant portion of the Table in the Annexure to the Special Rules read as under:-
Teachers in       Direct                   (i) A Master's Degree of a University in
Academic     Recruitment             the State or a Master's Degree of equivalent
subjects               and                   standard in the subject in respect of which
                     Recruitment by       recruitment is made:
		      Transfer            Provided that other things being equal 						            preference shall be given to those who 
					  have studied the same subject in which he/
					  she has obtained the Post-Graduate Degree, 					            as Main subject under Part III in the 
					  Bachelor's Degree level.
					  Provided further that persons holding 
					  the certificate issued by the University 
					  of Madras for having undergone the 
				            Certificate Course in Science and Humanities 
					   for Graduate Teachers in High Schools shall
					  be considered for appointment as Teachers in
				           the subject relating to Science and Humanities;
					 Provided also that for appointment to certain
					 subjects in which Master's Degree are not 
					awarded, persons possessing Master's Degree 
					in other subjects as may be considered by 
					the Director of School Education, 
					shall be considered; and
					(ii) B.T. or B.Ed., Degree of University in the
					State or a teaching Degree of equivalent
					 standard."
	19. 	After 1981, the Special Rules underwent several amendments, some of which are not relevant for our purpose, but some are relevant. For instance, on a single day viz., 18.10.1988, several amendments were issued under G.O.Ms.Nos.1619 and 1620 with regard to the ratio for promotion to the post of Headmasters. These amendments are not relevant for the case on hand. 
	20.	But, by G.O.Ms.No.1622 dated 21.10.1988, the proviso, about which I have already made a mention, was inserted, holding the Post Graduates in Special branches of subjects as eligible to teach the relevant subject in the general branch. Since the sheet anchor of the case of the petitioners is the said amendment, the Government Order in entirety is extracted hereunder, so as to test the veracity of the claim made by the parties: 
"G.O.Ms.No.1622, EDUCATION (MS.2) DEPARTMENT, dated 21st October, 1988.
	READ:
	1. G.O.Ms.No.720, Education, dt.28.4.1981.
	2. From the Director of School Education, Letter
	    No.212974/C24/88 dated 5.7.1988.
- - -
	O R D E R:

In G.O.Ms.No.1741, Education, dated 7.11.1987 orders were issued accepting the recommendation of the Director of School Education that Post Graduate Degree Holders in any Special Branch of a subject can be considered eligible to be appointed in Higher Secondary Schools can teach the relevant subject in the General Branch and to issue suitable amendments to G.O.Ms.No.720, Education, dated 28.4.1981.

2. In pursuance of the above orders, the Director of School Education has recommended that the Special Rules may be amended by adding the following proviso after the fourth proviso in the annexure referred to in Rule 7(a) in item (i) in Column (3) against the category "Teachers in Academic Subjects" in Column (1):-

"Provided that the Post Graduate Degree Holders in the Special Branch of a subject can be considered eligible to be appointed in the Higher Secondary Schools to teach the relevant subject in the General Branch."

3. The Government accept the above amendments suggested by the Director of School Education.

4. The following Notification will be published in the Tamil Nadu Government Gazette.

/BY ORDER OF THE GOVERNOR/"

21. Subsequently, by another order in G.O.Ms.No.1657, Education dated 31.10.1988, a third proviso was inserted in Column (3) against the item 'Post Graduate Assistants in Academic Subjects' in the Annexure to Rule 7(a). The said proviso also has nothing to do with the case on hand, since it related to the entitlement of the 'inducted BT Assistants' for appointment to the post of Post Graduate Assistants in Academic Subjects. However, the amendment introduced by G.O.Ms.No.1657 Education dated 31.10.1988 is of relevance for a different reason.

22. By the said amendment, a third proviso was inserted just below the second proviso, to enable even the inducted BT Teachers, who had undergone a ten month certificate course, to be eligible for consideration for the post of 'Post Graduate Assistants'. While doing so, the Government Order indicated that the third proviso was added, in Column (3) as against the method of recruitment indicated in Column (2) relating to the category of 'Post Graduate Assistants in Academic Subjects'. Column (2) contained the words 'Direct Recruitment and Recruitment by Transfer', placed together and not separately.

23. The Special Rules as they were originally issued on 28.4.1981 (actually with effect from 1.7.1978) and all the amendments that were effected thereto, upto the year 1999, retained the words 'Direct Recruitment and Recruitment by Transfer' together under Column (2) in respect of the category 'Post Graduate Assistants in Academic Subjects'. But, for the first time, the two methods of recruitment were segregated and presented separately under Column (2), under G.O.Ms.No.361 School Education Department dated 31.12.1999. Since the amendments made by G.O.Ms.No. 361, School Education Department dated 31.12.1999 had far reaching consequences, it is reproduced as under :

"G.O.Ms.No.361, SCHOOL EDUCATION DEPARTMENT, dated 31.12.1999.

Read:

G.O.Ms.No.720, Education dated 28.4.1981.

Order:

The Government reviewed the qualification prescribed for direct recruitment for the post of "Post Graduate Assistants in Academic subjects" and after such careful review direct that the qualification for direct recruitment to the post of "Post Graduate Assistants in Academic subjects" should be Bachelor's Degree and a Master's Degree in the subject in respect of which recruitment is made. They should also possess B.T., or B.Ed., degree.

2. Accordingly the following Notification will be published in the Tamil Nadu Government Gazette.

NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendments to the Special Rules for the Tamil Nadu Higher Secondary Educational Service (Section 37 in Volume II of the Tamil Nadu Services Manual 1969).

2. The amendments hereby made shall come into force on 31st day of December, 1999.

AMENDMENTS In the said Special Rules, in the Annexure, against the entry 'Post Graduate Assistants in Academic subjects' in Column (1), -

(a) for the entries "Direct recruitment and Recruitment by transfer" in Column (2) the entry "Recruitment by Transfer" shall be substituted;

(b) after the entry "Recruitment by transfer" as so substituted the following entries in Column (2) and (3) shall, respectively, be added namely:-

Direct Recruitment (i) Must have obtained a Master's degree and Bachelor's degree in the same subject or its equivalent in respect of which recruitment is made; and

(ii) B.T., or B.Ed., degree of a University in the State or a teaching degree of equivalent standard."

(BY ORDER OF THE GOVERNOR)"

24. A reading of G.O.Ms.No.361 shows that for the first time, a dichotomy was created in the Special Rules, between Direct Recruitment and Recruitment by Transfer, at least in so far as the appointment to the post of 'Post Graduate Assistants in Academic Subjects' was concerned. The effect of the amendment, as seen from the above Government Order was two fold namely

(i) that the entry 'Recruitment by Transfer' was substituted for the combined entry 'Direct Recruitment and Recruitment by Transfer' in Column (2); and

(ii) that two sets of qualifications were prescribed separately for Direct Recruitment under Column (3) with 'Direct Recruitment' appearing as a separate heading.

25. As a consequence of the said amendment under G.O.Ms.No.361, the proviso inserted by G.O.Ms.No.1622 dated 21.10.1988 making Post Graduates in Special Branches eligible for recruitment, got tagged along with the qualifications prescribed for recruitment by the method of 'Recruitment by Transfer'. In other words, the proviso inserted by G.O.Ms.No.1622 dated 21.10.1988, which remained in common for both the methods of recruitment, namely 'Recruitment by Transfer' and 'Direct Recruitment', got de-linked, as a coach intended for a different destination would do in a Railway Junction.

26. Therefore, with effect from 31.12.1999, the date on which the amendments introduced by G.O.Ms.No.361 came into force, separate set of qualifications got prescribed for the two methods of recruitment, namely Direct Recruitment and Recruitment by Transfer. The qualifications prescribed for Direct Recruitment, on and from 31.12.1999, are as follows :

Direct Recruitment (i) Must have obtained a Master's degree and Bachelor's degree in the same subject or its equivalent in respect of which recruitment is made; and

(ii) B.T., or B.Ed., degree of a University in the State or a teaching degree of equivalent standard."

27. Therefore, the stand taken by the respondents that the benefit of the proviso issued under G.O.Ms.No.1622 dated 21.10.1988 is available only to Recruitment by Transfer and not to Direct Recruitment, appears to be perfectly in tune with the amendments introduced by G.O.Ms.No.361 dated 31.12.1999. But, unfortunately, the respondents themselves have lost track of the nature of the amendments made and the impact that they had upon the Rules as originally framed. As a consequence, the respondents committed a blunder, while issuing a Notification for Direct Recruitment for the year 2006-2007, by making a reference to the proviso inserted by G.O.Ms.No.1622 dated 21.10.1988. Therefore, as rightly contended by the petitioners, Post Graduates in Special Branches of certain subjects appear to have been appointed in the past to the post of Post Graduate Assistants in General Subjects.

28. But, despite the mistake committed by the respondents in the past, it is not open to this Court, to issue a Mandamus directing the respondents to continue to violate the Statutory Rules. If the Statutory Rules restrict the benefit of the proviso only to the method of Recruitment by Transfer, it is not possible for this Court to extend the benefit by judicial interpretation, even to Direct Recruitment. The validity of the amendments creating a dichotomy between the qualifications prescribed for both the methods of recruitment, is not under challenge in these writ petitions. Therefore, I cannot go into the question as to whether the concession shown to Post Graduates in Special Branches seeking Recruitment by Transfer amounts to hostile discrimination vis-a-vis Post Graduates in Special Branches seeking Direct Recruitment. In the absence of a challenge to the amendments, the direction sought for by the writ petitioners cannot be granted, as it would run contrary to the Statutory Rules. Therefore, the second contention that recruitments were made in the past, of persons possessing Post Graduate Degrees in Special Branches and that therefore, the petitioners are also entitled for appointment, cannot be accepted.

29. The decision of K.Chandru,J, which forms the basis of the third contention of the petitioners, cannot go to the rescue of the petitioners. The Statutory Rules as they were issued in 1981, the list of amendments issued thereto from time to time, the nature of those amendments and the effect of those amendments were not brought to the notice of the learned Judge. Therefore, the learned Judge directed the respondents to consider M.Sc in Organic Chemistry as equivalent to M.Sc in Chemistry. However, it is stated by the learned Government Advocate that the respondents have taken a decision to appeal against the said order. Therefore, I am unable to accept even the third contention of the petitioners.

30. Therefore, in view of the foregoing, a Mandamus of the nature prayed for, directing the respondents to consider M.Sc in Bio-Physics as equivalent to M.Sc in Physics or M.Sc in Inorganic Chemistry as equivalent to M.Sc in Chemistry, cannot be issued (i) either on the basis of the opinion tendered by the Universities, as they are not binding on the Government (ii) or on the basis of the proviso inserted by G.O.Ms.No.1622 dated 21.10.1988, as it is not applicable to Direct Recruitment (iii) or on the basis of the recruitments made in the past, as they were done in disregard to the Rules.

31. However, there is one last issue. Even after the amendment under G.O.Ms.No.361 dated 31.12.1999, the qualifications prescribed for Direct Recruitment are a Master's Degree and a Bachelor's Degree in the same subject or its equivalent. Therefore, there is still room left for considering 'what is equivalent to which'. The power to decide which qualification is equivalent to which, normally vests with the Appointing Authority, since a decision thereon, is dependant upon the duties and responsibilities assigned to the post. Therefore, all that can be said is that the Government alone is entitled to consider as to whether the qualifications held by the petitioners are equivalent to the qualifications prescribed. As a matter of fact, it is only in exercise of the power so vested in them that the Government had issued various orders listed in paragraph 10 above, equalising certain qualifications with others. Therefore, I am of the view that a limited direction can be issued in these writ petitions.

32. In view of the foregoing, the writ petitions are disposed of, directing the Secretary to Government, School Education Department, who is the second respondent in two of the writ petitions, to constitute a Committee of Experts and examine with reference to the syllabus prescribed for Higher Secondary Courses, as to whether the qualifications possessed by the petitioners are equivalent to the qualifications prescribed by the Statutory Rules for Direct Recruitment. After such examination, the Government shall issue appropriate orders, as they had done in the past (the list of which is furnished in paragraph 10 above) within a period of three months from the date of receipt of a copy of this order. If the Government considers M.Sc in Bio-Physics as equivalent to M.Sc in Physics and M.Sc in Inorganic Chemistry as equivalent to M.Sc in Chemistry, the Teachers Recruitment Board shall accordingly V. RAMASUBRAMANIAN, J SVN/RS issue consequential orders with regard to the applications of the petitioners for appointment to the post of Post Graduate Assistants in Academic Subjects. There will be no order as to costs. Consequently, all pending MPs are closed.



											20-08-2010
Index     : Yes
Internet  : Yes

To

1.The Chairman, Teacher Recruitment Board, 4th Floor, E.V.K.Sampath Maligai,
   College Road,  Chennai-600 006.
2.The Member Secretary, Teachers Recruitment Board, E.V.K.Sampath Maligai,
   College Road, Chennai-600 006.
3.The Secretary to Government, School Education Department,
   Fort St. George, Chennai-600 009.
4.The Director of School Education, College Road, Chennai-600 006.

SVN/RS



										W.P.Nos.12780, 13188 										   and 13189 of 2010 &  
all connected pending MPs