Madras High Court
Dr.Sr.Biji Cyriac vs The State Of Tamil Nadu on 17 April, 2024
WP(MD) No.7322 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.7322 of 2023
Dr.Sr.Biji Cyriac ... Petitioner
Vs.
1.The State of Tamil Nadu
Rep. by its Principal Secretary,
Department of Higher Education,
Fort St.George,
Chennai – 600 009.
2.The Director of Collegiate Education,
College Road,
Chennai - 600 006.
3.Madurai Kamaraj University
Palkalai Nagar,
Madurai-625021
Rep. by its Registrar
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WP(MD) No.7322 of 2023
4.The Secretary,
Fatima College (Autonomous)
Mary Land,
Madurai - 625 018. ...Respondents
(R2 and R4 are amended vide Court Order dated 27.06.2023 in
WMP(MD)13006 of 2023 in W.P(MD)7322 of 2023)
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified
Mandamus to call for the records relating to the impugned
proceeding issued by the 3rd respondent University in
Ref.No.CDC/FC/Qua.App/2022 dated 21.11.2022, quash the same
and further direct the 3rd respondent University herein to grant
qualification approval forthwith to the petitioner in the 4th
respondent's college namely, Fatima College (Autonomous),
Madurai.
(Prayer amended vide Court Order, dated 27.06.2023 in
WMP(MD)13004 of 2023 in W.P(MD)7322 of 2023)
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WP(MD) No.7322 of 2023
For Petitioner : Ms.A.Amala
For Respondents : Mr.M.Siddharthan,- for R1 & R2
Additional Government Pleader
Mr.T.Sakthi Kumaran – for R3
ORDER
The present writ petition has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceeding issued by the 3rd respondent University in Ref.No.CDC/FC/Qua.App/2022 dated 21.11.2022, quash the same and further direct the 3rd respondent University herein to grant qualification approval forthwith to the petitioner in the 4th respondent's college namely, Fatima College (Autonomous), Madurai.
2. Heard Ms.A.Amala, learned counsel for the petitioner, Mr.M.Siddharthan, learned Additional Government Pleader for the respondents 1 and 2 and Mr.T.Sakthi Kumaran, 3/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 learned counsel for the third respondent.
3. The petitioner who was appointed as Assistant Professor (Zoology) in the fourth respondent College in the Department of Zoology has filed this Writ Petition challenging the 'qualification rejection order', passed by the third respondent University on 21.11.2022.
4. The petitioner had completed her M.Sc., Zoology (specialization in Genetic). The fourth respondent college is an autonomous institution. The petitioner got her appointment on 12.08.2016. When the college sent a proposal to the affiliating University seeking qualification approval of the petitioner on 11.10.2016, the University refused to accord approval to the qualification and then the petitioner sent representation to the second respondent on 21.10.2022.
4/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023
5. The learned counsel for the petitioner submitted that the petitioner has been given with the qualification approval for the similarly placed persons vide his proceedings, dated 23.12.2013 in respect of one Veera Muthumari, who was appointed as Assistant Professor in the Department of Zoology in V.V.Vanniyaperumal College for Women, Virudhunagar.
6. It is further submitted that as per Section 15(2) of the Private Colleges Regulation Act, the Government has prescribed the qualification for the teaching staffs in a Private Colleges and the Government Orders relied, can be made applicable to the Government Colleges recruited through the Teachers Recruitment Board.
7. The learned counsel for the respondents submitted that the Government has issued G.O.(Ms)No.34 Higher Education (K2) Department, dated 12.02.2018 in the light of the 5/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 recommendations made by the third respondent-University. It states that M.Sc., Zoology (Genetics) degree course offered by Lady Doak College, Madurai, is not equivalent to M.Sc., Zoology degree for the purpose of employment in Public Services.
8. As per the Government instructions, the above Government Order has been communicated to all the Registrars of University and consequently, the Government has issued yet another G.O.(Ms)No.93 Higher Education (K2) Department, dated 30.05.2019 restricting the University from granting equivalent certificate of this nature and and directing the Universities/Colleges to address the Tamil Nadu State Council for Higher Education in the matter of equivalence.
9. There is no quarrel about the Government Order issued in G.O.(Ms)No.34 Higher Education Department dated 12.02.2018 and the subsequent order in G.O.No.93 dated 6/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 30.05.2019.
10. So far as the appointment of this petitioner is concerned, it is in the 4th respondent autonomous university and it has nothing to do with any government appointment. In fact, in the G.O.(Ms)No.34 Higher Education Department, dated 12.02.2018 itself, it is stated that the resolution has been passed by the 56th Equivalent Committee Meeting held on 31.10.2017 about the non- equivalence of the degrees offered by the Universities Educational Institutions and the said matter was forwarded from the Secretary of Tamil Nadu Public Service Commission. Only consequent thereof, the petitioner's qualification in getting the degree offered by the Lady Doak College, Madurai, in M.Sc., Zoology (Genetics) was held as non-equivalent.
11. But what is omitted to be noted, is that the petitioner’s appointment was on 16.08.2016 much before the 7/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 issuance of the G.O.(Ms)No.34, dated 12.02.2018.
12. As per the above Regulation No.4.4.1 of the UGC Regulation, 2010, the following qualification has been prescribed for the post of Assistant Professors:
“4.4.1. Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication i. Good academic record as defined by the concerned university with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master’s Degree level in a relevant subject from an Indian University, or an equivalent degree from an accredited foreign university.
ii. Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.
iii. Notwithstanding anything contained in 8/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 sub-clauses (i) and (ii) to this Clause 4.4.1, candidates, who are, or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/ Colleges/Institutions.
iv. NET/SLET/SET shall also not be required for such Masters Programmes indisciplines for which NET/SLET/SET is not conducted.”
13. So far as the appointments made by the Private Colleges are concerned, they are governed by Section 15(i) and (ii) of Tamil Nadu Private Colleges (Regulation) Act, 1976 and Rules 1975. For the sake of clarity, the said provision is extracted hereunder :
“15.Qualifications of Teachers and other persons employed in Private Colleges.- (i) The 9/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 University may make regulations, statues or ordinances specifying the qualifications required for the appointment of teachers employed in any private college.
(ii) The Government may make rules specifying the qualifications required for appointment to any post, other than teachers, in any private college.”
14. As per the above Section 15, the Universities can make regulations, statutes or ordinances specifying the qualifications required for appointment of teachers employed in any Private Colleges and the Government powers to specific qualification for appointment of any post in Private Colleges restricted to any other post other than the Teachers post.
15. In fact, the very issue of granting of equivalence was brought to the table of the Government, because persons who 10/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 selected for public appointment were getting equivalence certificate from some of the Registrars of Universities, instead of approaching the Expert Committee appointed in this regard by the Government. So, in that light of the matter, the Government took a serious note and had issued the G.O(Ms)No.34 dated 12.02.2018 and subsequent circulars to the Universities requesting them not to grant such equivalence certificate, but only address the Tamil Nadu State Council for Higher Education.
16. That scope of the matter is entirely different from the appointments made by the Private Colleges in accordance with the UGC regulations. In fact, the G.O(Ms)No.34 dated 12.02.2018 itself would make it clear that the non-equivalence is only in respect of the employment in Public Service. Since various educational qualifications are prescribed by the Government for appointing person for Government posts through its recruitment agencies, like TNPSC, TRB, etc., it was necessitated to take the 11/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 above step and issue the government orders.
17. In cases of such public appointment, the Government has got the obligation to ascertain the equivalence if certain qualifications. So far as the appointments made under UGC regulations are concerned, the matter pertains within the authority of the respective University and not the Government.
18. Even the UGC Regulations, 2010 does not adopt the word 'equivalence' in anywhere under regulation 4.4.0, which prescribes the qualification for the Assistant Professors.
19. On the other hand, its recognize the master degree in a relevant subject from an Indian University or equivalent degree from an aggregated Foreign University wherein, the person concerns ought to have got good academic record with at least 55% marks or equivalent grade, if grading system is adopted. Even when 12/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 individuals file Writ Petition seeking directions as to their qualifications relevance in the matter of appointment, directions have been given to the Syndicate of the university to take a decision in this regard by getting the opinion if the academic Council of the respective University in an objective manner.
20. In the instant case, the individual has not raised any grievance that her academic qualification was found to be unfit for the post. In fact, the qualification was very much accepted and the fourth respondent College has found it suitable to the post of Assistant Professor in the Department of Zoology.
21. In such case, there cannot be any difficulty for the third respondent to grant approval. The impugned order has been passed by the third respondent by misconstruing the scope of the applicability of G.O(Ms)No.34 dated 12.02.2018. In the impugned order, the third respondent has stated that at the time when the 13/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 petitioner was appointed, the Government order in G.O.(Ms)No.34 dated 12.02.2018 was not in force. Even without admitting, but presuming that the Government Order is applicable to the position in hand, the said Government Order can not have any retrospective effect.
22. However, it is clarified that the Government Order has no application for the appointment made to the Colleges in accordance with Section 15(1) and (2) of Private Colleges Regulation Act read with the Regulations of the University Grants Commission.
23. In view of the reason stated above, the Writ Petition is allowed and the impugned order of the third respondent, dated 21.11.2022 is set aside. The third respondent-Kamarajar University is directed to grant qualification approval to the petitioner, she got appointed in the fourth respondent's College, within a period of 14/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 eight weeks from the date of receipt of a copy of this order. No costs.
17.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM To
1.The Principal Secretary, State of Tamil Nadu Department of Higher Education, Fort St.George, Chennai – 600 009.
2.The Director of Collegiate Education, College Road, Chennai - 600 006.
3.The Registrar Madurai Kamaraj University Palkalai Nagar, Madurai-625021
4.The Secretary, Fatima College (Autonomous) Mary Land, Madurai - 625 018.
15/16 https://www.mhc.tn.gov.in/judis WP(MD) No.7322 of 2023 R.N.MANJULA, J.
RM Order made in W.P.(MD)No.7322 of 2023 Dated:
17.04.2024 16/16 https://www.mhc.tn.gov.in/judis