IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04.12. 2009 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR Writ Petition No.25325 of 2004 and W.P.M.P.Nos.30787/04 & 4008/056 Miss.Gomathi .. Petitioner Vs 1. Bharathiyar University rep. By its Registrar, Coimbatore – 641 046 2. The Secretary, State Level Eligibility Test and Controller of Examinations Bharathiyar University, Coimbatore 641046 . . . Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India praying for a writ of declaration declaring that the petitioner holding MSIT Graduation is eligible to appear for the State Level Education Test to be conducted by the first respondent on 12th September 2004, consequently, directing the second respondent to admit the petitioner for the State level Education Test to be conducted by the first respondent on12th September 2004. For Petitioner : Mr.R.Suresh Kumar For respondents : Ms.N.Kavitha O R D E R The writ petition is filed for declaring the MSIT graduation is eligible to appear for the State Level Education Test (SLET) to be conducted by the first respondent on 12th September 2004 and consequently directing the second respondent to admit the petitioner for the State Level Education Test and to direct the second respondent to issue an admission card for the State Level Education Test to be conducted by the first respondent on 12.09.2004. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioner is a holder of B.Sc.Degree in Chemistry from Bharathidasan University, Tiruchirapalli. Thereafter, the petitioner acquired a post graduate degree in Master of Science and Information Technology from the same University in the year 2003. The petitioner opted to write National Educational Test (NET) conducted by the University Grants Commission hereinafter called as UGC. If the petitioner qualifies successfully in the National Educational Test, she will be eligible to be appointed to the post of Lecturer. Similarly, there is a State Level Eligibility Test (SLET) for the post of Lecturership for which a Notification was issued in September, 2004. One of the conditions for appearing in the State Level Eligibility Test is that the petitioner should be a holder of a Post Graduate Degree as specified by the UGC. Since the petitioner holds a degree in Master of Science and Information Technology, she is eligible to appear for SLET. But according to the respondents, the said degree is not equivalent to M.C.A as specified in the notification and therefore, she was not given the permission to writ SLET and her application was rejected. Aggrieved by the same, the petitioner has come forward with this writ petition. 3. Learned counsel for the petitioner contends that the Post Graduate Degree in Master of Science and Information Technology is equivalent to Master of Computer Science or similar such degree and therefore, the rejection of the petitioner's application is arbitrary. He further susmits that when the petitioner applied for NET with the very same Post Graduate Degree, and was issued a Hall-ticket. The petitioner, eventhough did not qualify in the NET, it would go to show that even in the National Level Eligibility Test, the Post Graduate degree of Master of Science and Information Technology is accepted as a Post Graduate Degree. The UGC has issued the guidelines for NET test. Hence, for the SLET also, the very same guidelines should apply. The case of the petitioner is that she should be allowed to appear in SLET with the same degree. A representation has been given by the petitioner to the authorities along with an application enclosing the Hall-ticket issued for the NET test. This was not considered by the Bharathidasan University-second respondent in proper perspective. 4. Respondents have been noticed and appeared through counsel. However, today, inspite of specific instructions, none appeared for the respondent,University. 5. The Hall-Ticket issued for NET test on the basis of petitioner's qualification, namely, Master of Science and Information Technology will be a parameter to consider the petitioner's claim. Insofar as SLET is concerned, it is also https://hcservices.ecourts.gov.in/hcservices/ governed by UGC guidelines. No doubt, the Master of Science and Information Technology has not been shown in the list of specified degrees by UGC. However, in view of the permission given to the petitioner to appear for National Educational Test, for several years, the respondents should have considered the petitioner's claim to write the SLET test. If there is any doubt in the mind of authorities, they could have sought clarification from the University Grants Commission. Technicalities should not stand in the way of education and empowerment of the individual. 6. In such view of the matter, the second respondent is directed to reconsider the claim of the petitioner in the light of the Notification issued for the National Educational Test and also on the basis of hall-tickets issued for NET insofar as the petitioner is concerned based on the Master of Science and Information Technology degree. If required, the opinion of the University Grant Commission can be obtained to clarify the issue. This Court is not inclined to interpret as to which degree will be actually required for the purpose of writing SLET or NET, since these are all matters which can be dealt with by the competent authorities in the Educational field and Court will be loath to go into such arena. 7. In the result, the Writ petition is disposed of with a direction to the second respondent to consider the case of the petitioner on the basis of the representation, the documents on merits and such decision shall be communicated to the petitioner within a reasonable time, preferably on or before February 2010. Connected miscellaneous petitions are closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar PAL To 1. The Registrar, Bharathiyar University Coimbatore – 641 046 https://hcservices.ecourts.gov.in/hcservices/ 2. The Secretary, State Level Eligibility Test and Controller of Examinations Bharathiyar University, Coimbatore 641 046 +1cc to Mr.R.Suresh Kumar, Advocate Sr 66205 KS(CO) km/4.1.2010 W.P. No. 25325 of 2004 https://hcservices.ecourts.gov.in/hcservices/