Jeyaveeran vs The Chairman and The Member Secretary, The Teacher Recruitment Board

K. Chandru, J.—The writ Petitioner has come forward with this writ petition challenging the order passed by the Respondent-teacher recruitment board dated 27.04.2009.

The Petitioner had applied for the post of PG Teacher, on the basis of his employment exchange seniority, for direct appointment. The Petitioner went through the selection process and his result was withheld. When the Petitioner filed writ petition before this Court in W.P.(MD). No. 473 of 2009, this Court by order dated 19.01.2009 gave a direction to dispose of the Petitioner's representation in accordance with law.

The Petitioner was informed that on verification of his educational qualification, it was found that the Petitioner has chosen M.Sc. Industrial Chemistry and there was no certificate of equivalent holding that M.Sc., Industrial Chemistry is equal M.Sc., Chemistry. The Petitioner is an aspirant sought for being appointed as PG Teacher in Chemistry.

On an earlier occasion the University of Madras informed the Teacher Recruitment Board that B.Sc., degree in Industrial Chemistry offered by the Madurai Kamaraj University cannot be considered equivalent to B.Sc., degree in Chemistry offered by University of Madras. Further in the light of the same, the Petitioner who was having M.Sc., Industrial Chemistry cannot be equated as M.Sc., Chemistry so as to eligible to be appointed as P.G. Teacher in Chemistry. The Petitioner attacking the same has filed the present writ petition.

The contention raised by the Petitioner was that he has studied B.Sc., (Chemistry) and obtained a degree from Madurai Kamarajar University and the M.Sc., Industrial Chemistry was considered to be equivalent to M.Sc., Chemistry as per the certificate issued by the Bharathidasan University and therefore, the Court must come to the rescue of the Petitioner.

In the matter of equivalence, the Courts power so as to review the stand taken by the Respondent is very limited as held by the Hon'ble Supreme Court in Deepa Augustine v. Geetha Alex reported in (2008) 16 SCC 526. In that case, the Hon'ble Supreme Court while dealing with the similar rule under the Kerala Education Rules holding that the matter of equivalence cannot be considered from the point of view of the teachers and such teachers has to be appointed only in terms of the Rules and such Rule are not violated keeping in mind the welfare of the students.

Further, the Petitioner has gone for a direct recruitment and not a promotion. Therefore, under the relevant rule, the Petitioner must have same subject degree both in under graduate as well as in post graduate. If there are any complaints that will have to be decided only by the competent authority, which in the present case is the State Government.

The law relating to the Subject has been illustrated in W.P. Nos. 12780 etc of 2010. In that case, V. Ramasubramanian, J by order dated 20.08.2010 after addressing all the relevant statutory rules held in paragraphs 30, 31 and 32 as follows:

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.

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 qualification 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.

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 continue 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 BioPhysics as equivalent to M.Sc in Physics and M.Sc in Inorganic Chemistry as equivalent to M.Sc in Chemistry, the Teacher Recruitment Board shall accordingly issue consequential orders with regard to the applications of the Petitioner 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.

It is unnecessary to set out the history of the amendment made to the relevant rules. It is suffice to state that the reasons given by the learned Judge will apply to the case of the Petitioner in all respect. However, Mr. Abdul Khadher, the learned Counsel for the Petitioner stated that a direction found in paragraph 32 of the above said order can be given to the Petitioner also. Accordingly, there will be a direction to the Secretary to Government, School Education Department, 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 Petitioner is 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, within a period of three months from the date of receipt of a copy of this order. If the Government consider M.Sc in Industrial Chemistry as equivalent to M.Sc in Chemistry, the Teachers Recruitment Board shall accordingly issue consequential orders with regard to the applications of the Petitioner for appointment to the post of Post Graduate Teachers in Academic Subjects. The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs.