Madras High Court
S.Sasikala vs The Member Secretary on 20 April, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20-4-2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.11392 of 2015 S.Sasikala .. Petitioner vs 1.The Member Secretary Teachers Recruitment Board 4th Floor, E.V.K. Sampath Maligai D.P.I. Compound, College Road, Chennai 2.The Director of School Education DPI Compound College Road, Chennai 3.The Registrar Bharathiar University Coimbatore 641 046 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation dated 25.3.2015. For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.Rm.Muthukumar Government Advocate ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner claims that after she completed her Under Graduation in the Faculty of B.Sc. Applied Science (Computer Technology) through Maharaj Engineering Avinashi College, which has been affiliated to the third respondent-University, she has completed her B.Ed. through Periyar University, Salem and thereafter, underwent Post Graduation in the Faculty of Computer Science through Annamalai University by way of regular stream and was placed First Class with Distinction. The petitioner would further state that she has also registered her name in the Employment Exchange, Namakkal, and in response to the advertisement dated 13.10.2014, released by the first respondent, regarding direct recruitment of Computer Instructor for Government Higher Secondary School under the control of the second respondent, she has submitted an application and was directed to produce the certificates for verification on 1.3.2015, and she also participated in the certificate verification.
3.The grievance now expressed by the petitioner, is that though she is fully qualified for the said post, for the reasons best known to the first respondent, results were withheld and in this regard, she has submitted a representation dated 6.3.2015, and the third respondent vide proceedings dated 6.3.2015, informed the petitioner that B.Sc. Applied Science (Computer Technology) Degree awarded by the Bharathiyar University may be considered equivalent to B.Sc. Computer Science for the purpose of higher studies and employmnt and after receiving the said communication, she made another representation on 25.3.2015, and since no orders came to be passed, has filed this writ petition.
4.Mr.B.Kumarasamy, learned Counsel appearing for the petitioner, would submit that for all practical purposes, B.Sc. Applied Science (Computer Technology) Degree awarded by the Bharathiyar University, Salem, is treated as equivalent to B.Sc. Computer Science and has also drawn the attention of this Court to the said Official Memorandum and would submit that in the light of the same, there cannot be any impediment for directing the first respondent to pass orders positively on the representations submitted by the petitioner.
5.Mr.Rm.Muthukumar, learned Government Advocate, accepts notice for the respondents and on instructions, produced a copy of the communication dated 16.3.2015, issued by the Bharathiar University to the Chairman, Tamil Nadu Public Service Commission.
6.The Court considered the rival submissions.
7.It is relevant to extract the proceedings of the third respondent-University in Ref.No.BU/S3/Comp.Sci. /Equi./2015, dated 16.3.2015, as under:-
With reference to the above, I am by direction, furnishing syllabi for B.Sc. Applied Science (Computer Technology) degree course offered in the affiliated colleges of Bharathiar University, Coimbatore and request to consider B.Sc. Applied Science (Computer Technology) degree awarded by the Bharathiar University be equivalent to B.Sc. Computer Science degree for the purpose of higher studies, employment, appearing for TNPSC examinations/TRB and further request to issue necessary Government Orders in this regard.
8.In the light of the stand taken by the third respondent, there cannot be any difficulty in directing the first respondent to consider the representations of the petitioner.
9.In the result, the writ petition is disposed of and the first respondent is directed to consider the representations dated 6.3.2015 and 25.3.2015, submitted by the petitioner, positively in the light of the observations made in this order, and also the communication dated 16.3.2015, received from the third respondent-University, and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner. The writ petition is disposed of accordingly. No costs.
20-04-2015 Index: no nsv To:
1.The Member Secretary Teachers Recruitment Board 4th Floor, E.V.K. Sampath Maligai D.P.I. Compound, College Road, Chennai
2.The Director of School Education DPI Compound College Road, Chennai
3.The Registrar Bharathiar University Coimbatore 641 046 M.SATHYANARAYANAN, J.
nsv W.P.No.11392 of 2015 Dt: 20-4-2015