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Judgment
Elipe Dharma Rao, J.—W.P. No. 10189 of 2002 is filed by the Secretary, Tamil Nadu Public Service Commission, challenging the order of
the Tribunal in O.A. No. 6020 of 2000 dated 8.3.2001.
W.P. No. 24147 of 2006 is filed by one Mr. R. Jayakumar, who is the applicant in O.A. No. 6020 of 2000, challenging the order of the
Government dated 14.9.2005.
W.P. No. 36726 of 2006 is also filed by Mr. R. Jayakumar for a direction to issue appointment and posting orders in the post of Assistant
Executive Engineer (Agricultural Engineering) by direct recruitment to the petitioner by notional fixation from 22.9.1993, the date on which the
petitioner became eligible and qualified with retrospective effect and monetary benefits from 9.4.2001, the date of order on which the direct
recruits were given appointment in G.O. No. 96, dated 9.4.2001.
The above said O.A. No. 6020 of 200 was filed by one Mr. R. Jayakumar, who is the petitioner in W.P. Nos. 24147 and 36726 of 2006, with
a prayer to direct the respondents to select and post him for the post of Assistant Executive Engineer (Agricultural Engineering), if he is qualified
and eligible based on marks obtained in the written examination and oral test. According to him, he was appointed as Assistant Soil Conservation
Officer on 29.9.1982 in Agricultural Engineering Department with the qualification of Diploma in Agricultural Engineering. He passed B.E.
(Mechanical) in 1990 and M.E.(Thermal Power) in 1993. He was promoted as Assistant Engineer in the year 1993. He has passed all the
Departmental examinations. When he made a request to promote him as Assistant Executive Engineer (Agricultural Engineering), he was advised
to appear for the TNPSC examination. Accordingly, he applied for the direct recruitment on 24.8.1998. After the written examinations held on
26.9.1998 and 27.9.1998, he was not allowed to appear for the oral test, on the ground that the qualification possessed by him viz., M.E.(Thermal
Power) was not equivalent to M.E.(Agricultural Engineering). He has produced a certificate from the Annamalai Unversity, certifying that the
Master degree in Engineering (Thermal power) awarded to him is equivalent to Master degree in Agricultural Engineering. Even then, his case was
rejected. Hence he has moved the Tribunal.
It was brought to the notice of the Tribunal that the qualification acquired by the petitioner, namely M.E. (Thermal Power) is not equivalent
qualification, as resolved by the committee constituted through G.O.Ms. No. 441, P & AR Department dated 20.12.1993. On 10.11.2000, the
Equivalence Committee has resolved not to recommend the degree obtained by the petitioner as equivalent to the qualification prescribed for the
post of Assistant Executive Engineer (AE) and forwarded their decisions to the Government. The orders of the Government were awaited.
Therefore, pending approval of the Government, the Tribunal after noticing the decision of the Committee, ordered that his case should be treated
as a special one and granted the relief, directing the Tamil Nadu Public Service Commission to publish his result and in case he is selected, the
appointment order may be issued to him, against, which W.P. No. 10189 of 2002 is filed by the Tamil Nadu Public Service Commission.
Now at the time of final disposal of the above writ petition, it is brought to the notice of this Court that by an order dated 14.9.2005, the
decision of the Committee was approved by the Government, stating that M.E.(Thermal Power) with basic Diploma in Agricultural Engineering is
not equivalent to M.E. (Agricultural Engineering).
Therefore, we are of the considered view that the relief granted by the Tribunal, subject to the pending approval of the decision of the
Committee by the Government, is no more available. Accordingly, W.P. No. 10189 of 2002 is allowed and the order of the Tribunal in O.A. No.
6020 of 2000 dated 18.3.2001 is set aside.
The W.P. No. 24147 of 2006 is filed by the applicant R. Jayakumar, assailing the correctness of the order passed by the Government dated
14.9.2005 on the ground that the Committee has no power to go into the equivalence of the qualification or degrees awarded by the University
and it is for the University to consider whether the degree obtained by him is equivalent to the degree required for the post.
During the course of argument, it is brought to the notice of this Court that in G.O.Ms. No. 441, P&AR department dated 20.12.1993, the
Government of Tamil Nadu has constituted a committee to examine and to recommend the degrees acquired by the candidates as to whether they
are equivalent to other disciplines. This committee functions from that date onwards. Moreover, the petitioner in W.P. Nos. 24147 and 36726 of
2006 has failed to assail the correctness of G.O.Ms. No. 441, constituting the Expert Committee. Further, it is brought to the notice of this
Division Bench that the Registrar of the Annamalai University has issued the certificate of equivalency. The Vice Chancellor of the Annamalai
University is one of the members of the Committee. Therefore, the Vice Chancellor cannot say in one hand sitting as a member of the Committee
that M.E. in Thermal Power is not equivalent to M.E. in Agricultural Engineering, but on the other hand issue the certificate that M.E. Thermal
Power is equivalent to M.E. Agricultural Engineering. Therefore, on that ground and also the petitioner has not chosen to assail the correctness of
the constitution of the Committee, so long as the committee is continuing as per the order of the Government from 1993, the petitioner Mr. R.
Jayakumar cannot ask the correctness of the order dated 14.9.2005. Moreover, this Court cannot have the power to review the decision of the
Expert Committee. Therefore, on the above stated grounds, the W.P. Nos. 24147 and 36726 of 2006 filed by Mr. R. Jayakumar fail and the
same are dismissed.
In the result, W.P. No. 10189 of 2002 is allowed and W.P. Nos. 24147 and 36726 of 2006 are dismissed. No costs. The connected
WPMPs. are closed.