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Madras High Court

K.Subbiah vs State Of Tamil Nadu on 1 August, 2019

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                   1                   W.P(MD)No.15821 of 2019

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED: 01.08.2019

                                                  CORAM:

                          THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                        W.P(MD)No.15821 of 2019

                 K.Subbiah                                                     .. Petitioner


                                                       Vs.


                 1.State of Tamil Nadu,
                   rep.by its Principal Secretary to the Government,
                   Department of Higher Education,
                   Secretariat,
                   Chennai – 9.

                 2.The Secretary,
                   Department of Personnel and
                    Administrative Reforms (M) Department,
                   Secretariat,
                   Chennai – 9.

                 3.Tamil Nadu Public Service Commission,
                   rep.by its Secretary,
                   V.O.C.Nagar,
                   Park Town,
                   Chennai – 3.

                 4.The Registrar,
                   Bharathidasan University,
                   Trichy – 620 024.                                         ... Respondents

                          Prayer: Petition filed under Article 226 of the Constitution of
                 India to issue a Writ of Mandamus Directing the respondents 1 and 2 to
                 clarify that the M.Sc (Statistics and Informatics) awarded by 4th
                 respondent Bharathidasan University as equivalent to M.Sc (Statistics) for
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                                                     2                 W.P(MD)No.15821 of 2019

                 the post of Assistant Professor in colleges and Universities by extending
                 the benefit of Government Order in G.O(Ms)No.106 Personnel and
                 Administrative Reforms (M) Department, dated 16.08.2017.


                                    For Petitioner       : Mr.R.Lajapathi Roy

                                    For R1               : Mr.M.Pandiarajan
                                                         Additional Government Pleader

                                    For R3               : Mr.D.Sivaraman



                                                     ORDER

This writ petition has been filed seeking direction to the respondents 1 and 2 to clarify that M.Sc (Statistics and Informatics) awarded by 4th respondent Bharathidasan University as equivalent to M.Sc (Statistics) for the post of Assistant Professor in colleges and Universities, by extending the benefit of G.O(Ms)No.106, Personnel and Administrative Reforms (M) Department, dated 16.08.2017.

2.According to the petitioner, he studied M.Sc (Statistics and Informatics) in Bharathidasan University/fourth respondent herein and he is eligible for appointment to the post of Assistant Professor in the Department of Statistics. The grievance of the petitioner is that though the Government vide G.O(Ms)No.106 Personnel and Administrative Reforms (M) Department, dated 16.08.2017 directed that M.Sc (Statistics http://www.judis.nic.in 2/4 3 W.P(MD)No.15821 of 2019 and Informatics) awarded by Bharathidasan University is equivalent to M.Sc., (Statistics), there is no clarification that it is applicable for all the recruitments including the Tamil Nadu Public Service Commission. Hence, the petitioner made a representation dated 17.06.2019 to the respondents seeking clarification that M.Sc., (Statistics and Informatics) awarded by the Bharathidasan University is equivalent to M.Sc., (Statistics) for the post of Assistant Professor in the Colleges and Universities, by extending the benefit of G.O(Ms)No.106, Personnel and Administrative Reforms (M) Department, dated 16.08.2017.

3.The learned Additional Government Pleader appearing for the first respondent, on instructions, submitted that M.Sc., (Statistics and Informatics) awarded by Bharathidasan University is not equivalent to M.Sc., (Statistics), awarded by the Madras University. Further it is submitted that the above Government Order could be extended to the post of Assistant Professor, only if the Government issues equivalence orders that M.Sc., (Statistics and Informatics) awarded by the Bharathidasan University is equivalent to M.Sc., (Statistics). It is also submitted that the aforesaid subject has been referred to Equivalence Committee and it will take 12 weeks time to get the process completed. http://www.judis.nic.in 3/4 4 W.P(MD)No.15821 of 2019 D.KRISHNAKUMAR, J.

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4.In the light of the aforesaid submission made by the learned Additional Government Pleader, this Court is of the view to pass the following order:

(i)The first respondent is directed to forward the representation of the petitioner dated 17.06.2019 to the Equivalence Committee;
(ii)After obtaining report from the said Committee, the first respondent shall consider the petitioner's claim and pass appropriate orders, by following the procedures under the Government Orders, within a period of four months from the date of receipt of the report from the Equivalence Committee, and the same shall be communicated to the petitioner.

5.The writ petition is disposed of with the above direction. No costs.




                                                                           01.08.2019
                 Index    : Yes / No
                 Internet : Yes / No
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                 To

The Principal Secretary to the Government, State of Tamil Nadu, Department of Higher Education, Secretariat, Chennai – 9.

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