Madras High Court
S.Raghu vs The Secretary To The Government Of India on 6 December, 2024
W.P.(MD) No.22216 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.22216 of 2017
and
W.M.P.(MD) No.18515 of 2017
S.Raghu .. Petitioner
Vs.
1.The Secretary to the Government of India,
Ministry of Human Resource Development,
Department of Higher Education,
Shastri Bhawan, New Delhi-110 001.
2.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi-110 002.
3.Secretary,
Association of Indian Universities (AIU),
House-16, Comrade Indrajit Gupta Marg (Kota Marg),
New Delhi-110 002.
4.The Registrar,
Bharathidasan University,
Trichirapalli,
Trichirapalli District.
_________
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W.P.(MD) No.22216 of 2017
5.The Director,
Central Electrochemical Research Institute,
Karaikudi, Sivagangai District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, to call for the
records relating to the 4th respondent's impugned proceedings in
Ref.No.L.C/PIO/150/2017, dated 06.07.2017 insofar as it relates to
issuing the certificate equivalent to Chemistry/Chemical
Engineering /Material Science and Engineering, specialization in Electro
Chemistry and set aside the same as illegal and consequently direct the
4th respondent to issue certificate equivalent to Chemistry/Chemical
Engineering/Material Science and Engineering, specialization in Electro
Chemistry to the petitioner.
For Petitioner : Mr.M.Solaisamy
For R1 : Mr.Nandagopal
For R2 : Mr.V.Maharajan
For R4 : Mr.VR.Shanmuganathan
For R3 & R5 : No appearance
ORDER
This writ petition has been filed challenging the refusal to grant equivalent certificate.
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2. The case of the petitioner is that the petitioner has been conferred with a Ph.D., in Environmental Science and according to him, the same is equivalent to a Ph.D. in Chemistry/Chemical and Electrochemical Engineering/Material Science/Physical Chemistry and Specialisation in Electrochemistry and therefore, he had sought for a grant of equivalent certificate.
3. It is the case of the petitioner that he had applied for the post of Scientist and Senior Scientist at CECRI India Limited Pollution Division, Karaikudi and since the post requires qualification in Chemical and Electrochemical Engineering / Chemistry / Physical Chemistry / Specialisation / Electrochemistry, his application was rejected. Hence, he had submitted a representation to the fourth respondent for grant of an equivalent certificate. Since the said certificate was not issued, the petitioner was constrained to file W.P.(MD) No.18534 of 2016 in which the Court had directed the fourth respondent to consider the petitioner's case for grant of equivalent certificate. However, by the impugned _________ Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22216 of 2017 communication, the fourth respondent had rejected the request by indicating that the Committee constituted to scrutinise the claim of the petitioner had not recommended to grant such equivalent certificate and the Syndicate of the fourth respondent had also approved the minutes of the Committee. He would submit that the order is not a speaking order and is a one line order and reasons for rejecting his request was not indicated. He had relied upon the certificate issued by three independent Professors, who had evaluated the said thesis to be equivalent to Chemistry/Chemical Science/Specialisation in Electrochemistry. Therefore, he would submit that the rejection is without any basis and therefore, seeks interference with the order impugned in this writ petition.
4. Countering his arguments, the learned counsel appearing for the fourth respondent would contend that the petitioner's thesis was on “Treatment of Textile Waste Water by Advanced Techniques”, which is a thesis in Environmental Science and therefore, cannot be treated to be equivalent to Chemistry/Chemical Science/Specialisation in _________ Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22216 of 2017 Electrochemistry. He would submit that a team of Professors from the Department of Environmental Biotechnology, faculty of Science and Engineering Technical and Departmental Chemistry was constituted by the fourth respondent to verify the claim of the petitioner for grant of equivalent certificate and the said Committee, after examining in detail the thesis submitted by the petitioner, held that the Ph.D awarded to the petitioner on the thesis submitted by him cannot be treated to be an equivalent Ph.D in Chemistry/Chemical Science/Specialisation in Electrochemistry. Therefore, the Expert Committee had decided that the claim of the petitioner cannot be entertained by the Department.
5. I have considered the submissions made by the learned counsel on either side.
6. The Expert Committee appointed by the fourth respondent having analysed the thesis of the petitioner had given a finding that the request of the petitioner for grant of equivalent certificate cannot be granted and the syndicate had also approved the said minutes. When an _________ Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22216 of 2017 Expert Body had opined that the Ph.D conferred on the petitioner was not equivalent to the Ph.D for the Chemistry/Chemical Science/Specialisation in Electrochemistry, this Court cannot interfere with such opinion. The learned counsel for the petitioner had relied upon three individual certificates given by the three Professors. The said certificates are self-obtained certificates, which cannot be considered by this Court. In such event, I do not find any merit in this writ petition and accordingly, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
06.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr _________ Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22216 of 2017 To
1.The Secretary to the Government of India, Ministry of Human Resource Development, Department of Higher Education, Shastri Bhawan, New Delhi-110 001.
2.The Secretary, University Grants Commission (UGC), Bahadur Shah Zafar Marg, New Delhi-110 002.
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abr W.P.(MD) No.22216 of 2017 Dated: 06.12.2024 _________ Page 8 of 8 https://www.mhc.tn.gov.in/judis