Madras High Court
K.Vickram vs The State Of Tamil Nadu
Author: M.Dhandapani
Bench: M.Dhandapani
____________
W.P. Nos.5027/2023-4025/2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Pronounced on
04.12.2025 16.12.2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. NOS.5027 OF 2023 & 4025 OF 2024
AND
W.M.P. NO. 5054 OF 2023
W.P. No.5027 of 2023
K.Vickram .. Petitioner
- Vs -
1. The State of Tamil Nadu
Rep. By its Secretary
Higher Education Department
9th Floor, EVK Sampath Buildings
College Road, Chennai 600 006.
2. The Secretary
Teacher’s Recruitment Board
4th Floor, EVK Sampath Buildings
College Road, Chennai 600 006.
3. The Commissioner
Directorate of Technical Education
53, Sardar Patel Road
Guindy, Chennai 600 025.
4. The Equivalence Committee
Rep. By the Chairperson-cum-
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W.P. Nos.5027/2023-4025/2024
Secretary to Government of Tamil Nadu
Fort St. George, Chennai 600 009.
5. Monica .. Respondents
(R-4 suo motu impleaded as per order
Of Court dated 23.11.2023)
(R-5 impleaded vide order of court
Dated 14.12.2023 in WMP 34936/023)
W.P. No.4025 of 2024
Mrs. G.Monica .. Petitioner
- Vs -
1. The Secretary
Teacher’s Recruitment Board
4th Floor, EVK Sampath Buildings
College Road, Chennai 600 006.
2. The Commissioner
Directorate of Technical Education
53, Sardar Patel Road
Guindy, Chennai 600 025.
3. The Equivalence Committee
Rep. By the Chairperson-cum-
Secretary to Government of Tamil Nadu
Fort St. George, Chennai 600 009. .. Respondents
W.P. No.5027 of 2023 filed under Article 226 of the Constitution of India
praying this Court to issue a writ of certiorarified mandamus calling for the
records of the 2nd respondent pertaining to the selection of the 5 th respondent
dated 23.07.2022 for the post of Lecturer (Production Engineering) in
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W.P. Nos.5027/2023-4025/2024
Government Polytechnic Colleges and set aside the same as illegal and direct the
respondents 1 to 3 to consider the petitioner as per clause 5 (b)(i) of the
Notification No.14/2019 dated 27.11.2019 and appoint him in the post of
Lecturer (Production Engineering) in Government Polytechnic Colleges and grant
him all attendant benefits on part with the candidates selected and appointed
pursuant to the Notification No.14/2019 dated 27.11.2019.
W.P. No.4025 of 2024 filed under Article 226 of the Constitution of India
praying this Court to issue a writ of mandamus directing the 1 st respondent to
appoint the petitioner to the post of Lecturer (Production Engineering) pursuant
to selection as per notification dated 27.11.2019 in “Notification No.14/2019,
Lecturer for Government Polytechnic Colleges Engineering and Non-Engineering
for the year 2017 and 2018” by the 2nd respondent.
For Petitioners : Mr. A.Arulmozhi in WP 5027/24
Mr. N.Kishorekumar in
WP 4025/24
For Respondents : Mr. R.Siddharth for R-1 in
WP 4025/24 & R-2 in WP 5027/23
Mr. R.Gokulakrishnan, AGP for
R-1 in WP 5027/23
COMMON ORDER
While W.P. No.4025/2024 has been filed by the petitioner seeking a direction to appoint her in the post of Lecturer (Production Engineering), W.P. 3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 No.5027/2023 has been filed to reject the provisional selection of the 5 th respondent/petitioner in W.P. No.4025/2024 for the post of Lecturer (Production Engineering) on the ground that she is ineligible to hold the said post for not having the requisite qualification and for a further direction to direct the respondent to appoint the petitioner in the post of Lecturer (Production Engineering) with all attendant benefits on par with the candidates selected and appointed pursuant to Notification No.14/2019 dated 27.11.2019.
2. For brevity, the petitioner in W.P. No.5027/2023 will be referred to as the ‘male petitioner’ and the petitioner in W.P. No.4025/2024 will be referred to as ‘female petitioner’.
3. The 2nd respondent, viz., Teachers Recruitment Board, had called for applications for the post of Lecturers in Government Polytechnic Colleges and Special Institutions (Engineering/Non Engineering) vide Advertisement No.04/2017 dated 16.06.2017. The examination for the said post was held on 16.09.2017 and the male petitioner stood first amongst the candidates belonging to Scheduled Caste Arundhathiar category (for short ‘SC-A’). The male petitioner was called for certificate verification for the single post, which was allocated for 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 Scheduled Caste Arunthathiar Women who have studied in Tamil Medium, since there was no women candidate available. Inspite of the said fact of the petitioner’s certificate having been verified and the petitioner was waiting for the order of appointment, the entire selection advertisement was cancelled and a fresh notification No.14/2019 was issued on 27.11.2019 inviting fresh applications.
4. It is the further averment of male petitioner that he again applied for the said post and appeared in the examination and stood first in SC-A category. The 2nd respondent published the provisional selection list on 23.7.2022 in which it was notified that the result of the woman candidate with Registration No.19PT0803001378 was withheld for want of production of equivalence G.O., which, it is alleged by the male petitioner, means that the candidate was not possessed of the prescribed educational qualification nor had the equivalent qualification as well.
5. It is the further averment of the male petitioner that Rule 3 (b)(i) and (ii) of the notification prescribes that if qualified and suitable woman candidates are not available for selection to the vacancies reserved for them, those vacancies 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 will be filled by male candidates belonging to the respective communal category and in the event of non-availability of person studied in Tamil Medium, the post reserved for Tamil Medium candidates will be filled by general candidates. It is further averred that in the absence of woman with qualification in the prescribed major discipline or with equivalent qualification, the vacancy has to be filled by the male candidate belonging to the respective category. The woman candidate, who was provisionally selected for the said post of Lecturer (Production Engineering) is not qualified with the prescribed educational qualification and, therefore, as per the Rules, the petitioner ought to be called for certificate verification and his name ought to have been included in the selection list.
6. It is further averred by the petitioner that female petitioner is not eligible for the post of Lecturer (Production Engineering) as the subject of Aeronautical Engineering is not listed as equivalent stream in Table 2 of Addendum of Notification No.14/2019 dated 27.11.2019 and further the female petitioner has not produced any equivalence certificate and, therefore, the selection of petitioner–F is illegal and the same deserves to be set aside as per clause 5 (b)(i) of the notification and that only the male petitioner is eligible to be appointed to the said post. With the aforesaid averments, the writ petition in 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 W.P. No.5027/2023 has been preferred by male petitioner for the relief stated supra.
7. In W.P. No.4025/2024, it is averred by female petitioner that she joined and completed ‘Bachelor of Engineering’ specialising in ‘Aeronautical Engineering and did her post-graduation, viz., Master of Engineering in ‘Mechatronics’. The female petitioner applied for recruitment for the aforesaid post and that the female petitioner was qualified for the said post by virtue of her post-graduation degree in Master of Engineering with specialisation in Mechatronics Course, which is equivalent to Production Engineering. Female petitioner duly applied for the said job of Lecturer for Government Polytechnic Colleges, Engineering and Non-Engineering for the year 2017 and 2018. It is further averred that Female petitioner had been selected for appointment but her appointment had been withheld and her qualification had been referred to the Equivalence Committee, but pending such consideration of equivalence, the writ petition in W.P. No.5027/23 had come to be filed by male petitioner suppressing the fact that female petitioner had applied to the said post with her post-graduate qualification and, therefore, W.P. No.5027/2023 deserves to be dismissed. 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024
8. It is the further averment of female petitioner that it could be seen from various circulars and clarifications issued by the appropriate authorities that Production Engineering includes Mechanical Engineering, Manufacturing Engineering and Production Engineering Sandwich and also clearly states that Mechatronics is part of Production Engineering, which clearly reveals that female petitioner is qualified to apply and be appointed as Lecturer by virtue of her post- graduate qualification in Mechatronics, which is equivalent to Production Engineering. Therefore, female petitioner prays this Court to issue an affirmative direction to the 2nd respondent to appoint female petitioner in the post of Lecturer (Production Engineering).
9. It is the submission of the learned counsel for male petitioner that the male petitioner scored the top marks among the SC-A candidates and ought to have been called for verification as the name of female petitioner, who has scored only 64 marks, was withheld in the provisional list for non-production of equivalence G.O. and, therefore, it could only be inferred that female petitioner is not eligible for the post of Lecturer in Production Engineering. 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024
10. It is the further submission of the learned counsel that clause 5 (b)(i) of the Notification No.14/2019 provides that where suitable women candidates are not available for selection, the vacancies reserved for them should be filled up with male candidates belonging to the said communal categories and in the present case, there being no suitable women candidate available and the female petitioner not fulfilling the eligibility criteria, the 2 nd respondent ought to have selected and appointed the male petitioner in the said post.
11. It is the further submission of the learned counsel that Rule 6 (b)(1) pertaining to educational qualification clearly prescribes that the person applying for the post should possess a bachelor’s degree in the appropriate branch of Engineering/Technology/Architecture with not less than sixty percent of marks or equivalent. In the present case, female petitioner is not possessed of the basic bachelor’s degree in the appropriate branch or its equivalent degree on the date of applying and, therefore, she cannot be considered for appointment to the post of Lecturer in Production Engineering.
12. Therefore, it is submitted by the learned counsel that female petitioner having not fulfilled the eligibility conditions prescribed for the educational 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 qualifications and there being no woman candidate in SC-A with Tamil Medium available, male petitioner being the top male candidate in SC-A ought to have been appointed and, therefore, it is prayed that this Court may grant the relief as sought for by male petitioner in W.P. No.5027/2023.
13. Per contra, learned counsel appearing for female petitioner submitted that female petitioner was selected, but her appointment was withheld as her qualification has been referred to the Equivalence Committee and, therefore, female petitioner cannot be said to be not qualified to hold the said post. It is the further submission of the learned counsel that this crucial fact has been suppressed by male petitioner and, therefore, on that short ground, the writ petition of male petitioner deserves to be dismissed.
14. It is the further submission of the learned counsel that clause 6 (b)(1) of the Notification No.14/2019 clearly provides in the proviso that where the candidates possesses a Master’s Degree in the appropriate branch of Engineering/Technology/Architecture, the candidate should possess a first class or equivalent in the appropriate branch either at Bachelor’s or Master’s Degree level. It is the submission of the learned counsel that the Equivalence Committee 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 has approved the Master’s Degree of the female petitioner in Mechatronics as equivalent to Master’s Degree in Production Engineering and, therefore, by virtue of proviso to clause 6 (b)(1) of Notification No.14/2019, the female petitioner is entitled to be appointed to the said post as she not only fulfils the qualifications but also belongs to SC-A category to which the post has been earmarked.
15. Learned counsel for the female petitioner, relying on the circular of the All India Council for Technical Education dated 23.10.2020 submitted that the Council has categorically clarified the relevance of equivalence of appropriate nomenclature degrees for recruitment/promotion of teachers in technical institutions, which circular is squarely in favour of female petitioner. Pointing out the relevant portions in the said circular and the addendum, learned counsel submitted that from the above, it is clear that Production Engineering also includes Mechanical Engineering, Manufacturing and Production Engineering Sandwich and that Mechatronics is part of Production Engineering and, therefore, the female petitioner is fully qualified to hold the said post.
16. It is the further submission of the learned counsel that female petitioner is more better qualified for appointment than other candidates as she 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 possesses a post-graduate qualification and has a better standing and experience and also fulfils the communal aspect also and, therefore, she ought to be selected and appointed and, therefore, prays that an affirmative direction be given by this Court to the 2nd respondent for appointing female petitioner.
17. Learned counsel appearing for the 2 nd respondent, placing his submissions on the basis of the counter affidavit, submitted that the case of the female petitioner was withheld for the reason that the equivalence of the degree was under consideration. However, the selection was made as early as on July, 2022, but the writ petition has been filed by male petitioner only in the year 2023 almost after a lapse of more than six months of the provisional selection and the delay is fatal, moreso when the recruitment has attained finality and the intention of the male petitioner is only to hamper the recruitment.
18. This Court gave its careful consideration to the submissions advanced by the learned counsel appearing on either side and perused the materials available on record.
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19. The facts in the present case is not in dispute. There is no quarrel with the recruitment process and also the fact that the post has been earmarked for SC-A –Women – Tamil Medium candidate. In this regard clause 5 of the Notification relates rule of reservation in which this court is concerned with the Horizontal reservation and more particularly ‘Women Reservation’. For clarity, clause 5 (b)(i) is quoted hereunder :-
“b) Horizontal Reservtion :
i) Women Reservation : 30% Women reservation will be provided horizontally as per existing Government Rules/Orders. If qualified and suitable women candidates are not available for selection against the vacancies reserved for them, those vacancies will be filled by male candidates belonging to those respective communal categories.”
20. The post, it is admitted, has been reserved for SC-A – Women – Tamil Medium. However, it is the stand of the parties that no candidate available from Tamil Medium is available and necessarily, at the first instance, the said post is to be filled up from SC-A-Women, if female candidates are available.
21. It is not the case of the male petitioner that female petitioner does not belong to SC-A category and, therefore, as per the communal rotation, if female petitioner is otherwise found eligible and qualified, female petitioner will have a 13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 march over male petitioner. However, the main contention of male petitioner is that female petitioner is not qualified as she has not done her Bachelor’s Degree in Production Engineering and her Post-Graduate Degree in Mechatronics, on the date of application, is not held to be equivalent to Production Engineering and, therefore, her case cannot be considered and that being the case, as per clause 5
(b)(i), there being no other woman candidate available for selection, then it has to be filled up with SC-A male candidate.
22. Qualification has been prescribed under clause 6 of the Notification of which Education Qualification is found in sub-clause (b), which reads as under :-
“6. Qualifications :
a) ...........
b) Educational Qualifications :
Candidates should possess the following qualification on the date of notification :
1. Lecturer in Engineering subjects : “A Bachelor’s Degree in the appropriate branch of Engineering/Technology/Architecture” with not less than sixty percent of marks or equivalent :
Provided that if the candidate has a Master’s Degree in the appropriate branch of Engineering/Technology/Architecture, the candidate should possess a first class or equivalent in the 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 appropriate branch either at Bachelor’s or Master’s degree level.”
23. Proviso to clause 6 (b)(1) provides that where a candidate is possessed of Master’s Degree in the appropriate of Engineering/Technology/Architecture, the candidate should possess a first class or equivalent in the appropriate Branch either at Bachelor’s or Master’s degree level.
24. The basic qualification is a Bachelor’s Degree in the appropriate branch of Engineering/Technology in sub-clause (1) of clause 6(b) is not disputed but the proviso appended to also provides that in case of Master’s Degree having been obtained by a candidate, it should be either in the appropriate branch of Engineering/Technology the candidate should possess a first class or equivalent in the appropriate branch either at Bachelor’s or Master’s level.
25. It is borne out by record that female petitioner is possessed of a Master’s Degree in Mechatronics, which according to male petitioner is not an equivalent degree and, therefore, her candidature cannot be considered. However, what is material to be noted is the fact that equivalence of the various degrees have been considered by the Equivalence Committee constituted by the 15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 Government of Tamil Nadu on the basis of the letter from the Member Secretary, All India Council for Technical Education and various degrees, which are equivalent to one another have been notified of which Resolution No.286 pertains to the various Major/Core branches of the PG Engineering Degree in which equivalence committee has passed the below mentioned resolution :-
Resolution No.286 Equivalence Committee has
Public Services – Major/Core approved all nomenclature of PG
branches of Engineering / Degree relevant /appropriate to
Technology and their relevant / Major / Core Branch of
appropriate PG degree Engineering / Technology as
nomenclature for recruitment to notified by AICTE vide notification
teaching positions - Regarding F. No.27/RIFD/Pay/01/2017-18 dt.
28/4/2017
26. Further, the PG Degrees relevant / appropriate to major / core branch of Engineering / Technology as per DOTE Letter No.32483/B2/2019 dated 09.12.2019 and 03.01.2020, in which equivalence had been settled reveals that in respect of Production Engineering the equivalence engineering degrees are Production Engineering, Mechanical Engineering, Manufacturing Engineering and Production Engineering (Sandwich) are the major branch and Mechatronics, which female petitioner has studied is the core branch, which has been held to be equivalent to Production Engineering.
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27. Therefore, as early as in the year 2019 and 2020, through the aforesaid circulars and Government Orders, the Post Graduate Degree done by the female petitioner has been held to be equivalent to Production Engineering and merely because the female petitioner has not submitted the equivalence certificate would not rob female petitioner of the benefit, as the equivalence stood settled at the time of the female petitioner applying for the said post. Therefore, on the date of the notification, the qualification, which the female petitioner possessed was equivalent to the qualification which was required for the said post and, therefore, the reference made by the authority to the equivalence committee would in no way hamper the progress of female petitioner to seek appointment to the post of Lecturer (Production Engineering).
28. Once the equivalence of the degree has been approved to be equivalent, the only issue that requires determination is as to whether female petitioner has obtained first class or equivalent in the appropriate branch in the Master’s degree. There is no quarrel with the fact that female petitioner has obtained first class in the Post-Graduation Degree and, therefore, there is fulfilment of the educational qualification that has been prescribed in the aforesaid notification.
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29. Therefore, reading proviso to clause 6 (b)(1) harmoniously, it would clearly reveal that where a candidate has obtained a Master’s Degree in the appropriate branch, which is equivalent to the branch in which the qualification is sought for, then there would be due compliance of the sub-clause (1) of clause 6
(b) and, therefore, the Master’s degree possessed of by the female petitioner would have to be held to be equivalent to the degree in the appropriate branch of Engineering, as mandated in the notification and, therefore, female petitioner would be entitled to an appointment to the post for which she has been selected, as she fulfils the other criteria, viz., being a woman belonging to Scheduled Caste Arunthathiar category, which is the prescription in the notification. Therefore, necessarily, she being the successful candidate in the said category, viz., SC-A-W in the horizontal reservation, the 2nd respondent is bound to appoint her to the said post and male petitioner cannot claim any right to the said post as belonging to SC-A category, as a woman of the very same category is available, who will have the first preference to the said post.
30. In the light of the reasoning aforesaid, W.P. No.5207/2023 filed by male petitioner is dismissed and W.P. No.4025/2024 filed by female petitioner is 18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) ____________ W.P. Nos.5027/2023-4025/2024 allowed. The 2nd respondent is directed to issue appointment order forthwith to female petitioner and accommodate her in the post of Lecturer (Production Engineering) on the basis of her selection. Consequently, connected miscellaneous petition stands closed. There shall be no order as to costs.
16.12.2025
Index : Yes / No
GLN
To
1. The Secretary
Higher Education Department
Government of Tamil Nadu
9th Floor, EVK Sampath Buildings
College Road, Chennai 600 006.
2. The Secretary
Teacher’s Recruitment Board
4th Floor, EVK Sampath Buildings
College Road, Chennai 600 006.
3. The Commissioner
Directorate of Technical Education
53, Sardar Patel Road
Guindy, Chennai 600 025.
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W.P. Nos.5027/2023-4025/2024
M.DHANDAPANI, J.
GLN
PRE-DELIVERY ORDER IN
W.P. NOS.5207 OF 2023
& 4025 OF 2024
Pronounced on
16.12.2025
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