Madras High Court
T.Subramania Thangam vs The Government Of Tamil Nadu on 24 July, 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2014 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.(MD)No.9440 of 2011 and M.P.(MD)Nos.1 and 3 of 2011 T.Subramania Thangam .. Petitioner Vs. 1.The Government of Tamil Nadu, rep.by its Principal Secretary, School Education, Fort St.George, Chennai-9. 2.The Director of School Education, College Road, Nungambakkam, Chennai-600 006. 3.The Joint Director of School Education, (Higher Secondary), College Road, Nungambakkam, Chennai-600 006. 4.Teachers Recruitment Board, rep.by its Member Secretary, Chennai-600 006. 5.The Government of Tamil Nadu, rep.by its Secretary, Higher Education Department, Fort St.George, Chennai-9. ... Respondents (The 5th respondent was suo-motu impleaded as per the order of the Court, dated 24.07.2014) Writ petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, calling for the records pertaining to the impugned proceedings of the 3rd respondent in Na.Ka.No.78308/W2/E2/2010, dated 23.08.2011 and quashing the same. (Prayer amended as per the order of this Court dated 10.10.2011 made in MP(MD)No.2 of 2011) !For Petitioner : Mr.R.Subramanian ^For Respondents : Mr.V.R.Shanmuganathan, Spl.Govt.Pleader. :ORDER
Since the Secretary to the Government of Tamil Nadu, Higher Education Department, is a necessary party to this writ petition, he is added as the 5th respondent, suo-motu. Mr.V.R.Shanmuganathan, learned Special Government Pleader, has entered appearance for him. Registry is directed to make necessary amendment in the petition.
2.The petitioner has got B.Sc.Degree in Zoology from Madurai Kamarajar University. Then, he secured M.Sc.Degree in Marine Biology from Annamalai University. He has also got B.Ed.Degree. Thus, according to the petitioner, he is entitled for being appointed as a post-graduate Assistant in Zoology.
3.The petitioner's name was sponsored by the Employment Exchange for the said post. Accordingly, the Teachers Recruitment Board, by its proceedings in R.C.No.2554/B1/2009, dated 03.06.2010, provisionally selected the petitioner and called him for certificate verification. Accordingly, the petitioner participated. He was also duly selected. Thereafter, he was asked to appear for the counselling on 31.08.2010 for choosing the place of posting. This proceeding was issued by the Joint Director, Higher Secondary Education, Chennai, in N.K.No.111813/W3/E3/2010, dated 26.08.2010. Thereafter, the petitioner was appointed by means of appointment order issued by the Joint Director, Higher Secondary Education, by his proceedings in N.K.No.78308/W2/ E2/2010, dated 31.08.2010 and he was also posted as Post Graduate Assistant in Zoology at the Government Higher Secondary School, Thumbu Chinnapatti, Virudhunagar District. The petitioner joined the service and started working.
4.While so, the Chairman, Teachers Recruitment Board, Chennai, by his proceedings in Rc.No.2544/B1/2009, dated 07.07.2011, issued a show cause notice to the petitioner calling upon him to explain as to why his selection should not be cancelled on the ground that M.Sc.Degree in Marine Biology, secured by him from Annamalai University, is not equivalent to M.Sc.Degree in Zoology. The petitioner submitted an explanation, stating that both the degrees are equal. Having not been satisfied with the same, the Teachers Recruitment Board, by its proceedings in Rc.No.2544/B1/2009, dated 09.08.2011, cancelled the selection of the petitioner and accordingly intimated the same to the Joint Director, Higher Secondary Education. At this juncture, the petitioner has filed the present writ petition, challenging the order of the Teachers Recruitment Board, dated 09.08.2011.
5.The learned Government Advocate took notice for the respondents, when the writ petition came-up for admission on 22.08.2011. Thereafter, acting on the above cancellation order issued by the Teachers Recruitment Board, the 3rd respondent herein, in his proceedings in Na.Ka.No.78308/W2/E2/2010, dated 23.08.2011, cancelled the appointment of the petitioner and forthwith relieved him from duty. Immediately thereafter, the petitioner filed M.P.(MD)No.2 of 2011 seeking to amend the writ petition so as to challenge the said order of the Joint Director of Higher Secondary Education, dated 23.08.2011 also. The said petition was allowed on 10.10.2011 and accordingly, the prayer in the writ petition has been amended.
6.I have heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and I have also perused the records, carefully.
7.The learned counsel for the petitioner would submit that neither the Teachers Recruitment Board nor the Joint Director of Higher Secondary Education is competent to decide about the equivalence of the degrees, namely M.Sc.Degree in Zoology and M.Sc.Degree in Marine Biology and it is for the Equivalence Committee, constituted by the Government, to decide as to whether these two degrees are equivalent and whether the petitioner is eligible for being appointed as a post-graduate Assistant in Zoology. The learned counsel would further submit that without verifying the same and without referring the same to the Equivalence Committee, the impugned order has been passed. Therefore, according to the learned counsel, the impugned order is liable to be quashed.
8.The learned Special Government Pleader appearing for the respondents would submit that so far the Government has not issued any Government Order declaring that these two degrees are equivalent an therefore the impugned order can be passed. He would further submit that as per the prospectus issued, M.Sc.Zoology Degree is the necessary qualification for the post and since the petitioner has got M.Sc.Degree in Marine Biology, his appointment was cancelled.
9.I have considered the above submissions.
10.As rightly submitted by the learned counsel for the petitioner, neither the Teachers Recruitment Board nor the Joint Director of Higher Secondary Education has authority to verify the equivalence of these two degrees. It is for the Equivalence Committee, constituted by the Government, to decide and acting on such recommendation of the Equivalence Committee, it is for the Government to issue appropriate orders. Therefore, it would have been appropriate for the respondents to refer the issue to the Equivalence Committee, constituted by the Government, seeking opinion from the Equivalence Committee and thereafter the Government should have taken a decision. Since the same has not been done, in my considered opinion, it cannot be now accepted that both the degrees are not equivalent. In these circumstances, I am of the view that the relief which could be granted to the petitioner, at this length of time, is to issue a direction to the 5th respondent to refer the issue to the Equivalence Committee to offer its opinion as to whether M.Sc.Degree in Marine Biology, awarded by the Annamalai University, is equivalent to M.Sc.Degree in Zoology and whether the petitioner is eligible for being appointed as a Post-Graduate Assistant in Zoology. Thereafter, it is for the Government to act on the said recommendation and to issue appropriate orders.
11.For any reason, based on the recommendation of the Equivalence Committee, if the Government issues an order that both the degrees are equivalent, then such equivalence will have retrospective operation, as per the Full Bench Judgment of this Court in Nadar Thanga Shubha Laxman, A v State of Tamil Nadu, reported in 2014(3)CTC 433. Therefore, in such an event of declaration that both the degrees are equivalent, the appointment of the petitioner as a post-graduate teacher, as originally issued, shall be restored and at the same time, the order cancelling his appointment shall stand cancelled. In such an event, in my considered opinion, the petitioner shall not be entitled for backwages, though he will be entitled for continuity of service and his past salary shall be notionally fixed for fixing his future salary.
12.In the result, the writ petition is disposed of in the following terms:
(i)The 5th respondent shall refer the issue as to whether M.Sc.degree in Marine Biology, awarded by Annamalai University, is equivalent to M.Sc.Degree in Zoology and whether the petitioner is eligible for being appointed as a post-graduate Assistant in Zoology to the Equivalence Committee, within a period of six weeks from the date of receipt of a copy of this order.
(ii)The Equivalence Committee is hereby directed to hold appropriate enquiry and submit its report within a period of eight weeks thereafter.
(iii)On receipt of the Report from Equivalence Committee, the Government shall issue appropriate order within a further period of four weeks.
(iv)For any reason, if the Government issues an order that both the degrees are equivalent, then the petitioner's appointment order dated 31.08.2010 shall stand restored and he will be reinstated in service, forthwith and the cancellation order in Na.Ka.No.78308/W2/E2/2010, dated 23.08.2011, issued by the Joint Director of Higher Secondary Education, shall stand automatically cancelled. However, the petitioner shall not be entitled for back-wages, though he will be entitled for continuity of service. His past salary shall be notionally fixed for fixing his future salary.
(v)In the event, the Government issues an order declaring that these two degrees are not equivalent, the cancellation of the petitioner's appointment order shall stand confirmed.
No costs. Connected miscellaneous petitions are closed.
To
1.The Principal Secretary to Government, School Education, Fort St.George, Chennai-9.
2.The Director of School Education, College Road, Nungambakkam, Chennai-600 006.
3.The Joint Director of School Education, (Higher Secondary), College Road, Nungambakkam, Chennai-600 006.
4.The Secretary to Government, Higher Education Department, Fort St.George, Chennai-9.