IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:13.10.2009 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.NO.18822 OF 2004 and W.P.M.P.No.22531 of 2004 G.Balamurugan .. Petitioner vs 1.The Director of School Education College Road, Chennai 6 2.The Teachers Recruitment Board rep. by Member-Secretary College Road, Chennai 6 3.The Registrar Madurai Kamarajar University Palkalai Nagar, Madurai .. Respondents Writ Petition is filed under Article 226 of the Constitution of India for the issue of writ of Mandamus directing the respondents to appoint the petitioner as B.T. Assistant/School Assistant Chemistry in any one of the vacancies available in Government High and Higher Secondary Schools and Municipal High and Higher Secondary Schools in the State of Tamilnadu with service and monetary benefits. for petitioner : Mr.R.Saseetharan for respondents : Mr.A.Suresh Government Advocate (for R1 and R2) Mr.S.Sethuraman (for R3) ORDER The prayer in the Writ Petition is for a Mandamus to direct the respondents to appoint the petitioner as B.T.Assistant/School Assistant in Chemistry in any one of the vacancies available in Government High and Higher Secondary Schools and Municipal High https://hcservices.ecourts.gov.in/hcservices/ School and Higher Secondary Schools in the State of Tamil Nadu with service and monetary benefits. 2.(a)The case of the petitioner is that he passed Higher Secondary School Examination in the year 1996 and then he underwent three years B.Sc., degree course in Industrial Chemistry and passed the said degree in April 1999 through Madurai Kamarajar University and scored 80.92% in B.Sc.degree. Thereafter, he underwent M.Sc.,Chemistry through the same university and passed the Post Graduate Degree in Chemistry in April 2002 with 73.4% and also studied B.Ed.degree course through Madras University and passed the said decree in April 2003 with 70.2%. (b)According to the petitioner, he is a graduate in B.Sc., degree in Industrial Chemistry and studied all the subjects meant for B.Sc., Chemistry with addition of specialiation in Industrial Chemistry. The Madurai Kamarajar University conferred B.Sc., degree in Industrial Chemistry. As per the prospectus issued for the admission into M.Sc., Chemistry, the B.Sc., degree holders in Industrial Chemistry are entitled like other B.Sc., degree holders in Chemistry. Therefore, B.Sc., Industrial Chemistry is equivalent to B.Sc., Chemistry for the appointment to the post of B.T. Assistant in Chemistry. (c)The second respondent issued a notification on 21.10.2003 calling for applications for the post of B.T.Assistant/School Assistant in Chemistry and the said post comes under the Tamilnadu School Education Subordinate Service Rules. In response to the said notification the petitioner applied and sat for examination on 11.1.2004. The Tamilnadu School Education Subordinate Service Rules provide for equivalent degrees to be considered and the B.Sc.,Industrial Chemistry is equivalent to B.Sc., Chemistry. As per the notification the selection will be made as per merit in the written examination. The petitioner wrote the examination with Registration Number G.05080497. The result was published and he scored 88 out of 148. Thereafter, the Teachers Recruitment Board (hereinafter referred to as "the Board") called the petitioner for certificate verification scheduled on 02.4.2004 in Memo.No.809/A2/2003 dated February 2004. Pursuant to the examination, the Board in its communication dated 3.2.2004 published the marks of the candidates who sat for examination wherein it is stated that on the basis of the written examination marks, subject wise list of candidates provisionally selected for the certificate verification is also released with details of roll number and marks obtained and communal turn (List A) and it is also stated that call letters being sent to the candidates for certificate verification. However, the petitioner was not selected on the ground that he studied B.Sc.,Industrial Chemistry and not B.Sc.,Chemistry. On information from the respondent Board he came to know that because the petitioner studied B.Sc., Industrial Chemistry he was not selected, the https://hcservices.ecourts.gov.in/hcservices/ petitioner applied to the Madurai Kamarajar University to clarify the position whether B.Sc., Industrial Chemistry is equivalent to B.Sc.,Chemistry or not. The said request was replied by the Madurai Kamarajar University stating that B.Sc.,Industrial Chemistry is equivalent to B.Sc.,Chemistry and that the petitioner is eligible for admission to M.Sc., Chemistry. He scored 88 marks whereas the persons who scored 87 marks were selected for the post of B.T.Assistant/School Assistant and they were subsequently issued an order of appointment also. Aggrieved by the action of the respondents, the petitioner has sought for the above relief in this writ petition. 3.(i)The second respondent has filed counter for himself and on behalf of the first respondent also. It is stated that the Board was constituted for the purpose of recruitment of teachers for regular appointment in the Tamil Nadu Higher Secondary Educational Services and Tamil Nadu Educational Subordinate Services in the year 1987. The Board was reconstituted in the year 1990 for recruitment to teaching posts in Government Arts Colleges, Law Colleges, Engineering Colleges and Polytechnics. Therefore, the Board selected candidates by conducting interview for candidates sponsored by Employment Exchange on the basis of seniority. From 2001-2002 onwards written competitive examinations were also introduced as per the G.O.No.210, School Education Department, dated 07.12.2001 and teachers are presently selected by direct recruitment based on the written examinations performance. Final selections are made after verification of all certificates based on merit cum communal rotation subject to the rules for reservation in force. (ii)It is also stated that the Board in order to maintain uniformity in the qualification as prescribed in the G.O.Ms.No.753, Education Department, dated 16.07.85 and as per the amended G.O.Ms.No.361, School Education Department, dated 31.12.89 adopted the qualifications incorporated in the said G.Os. The same qualification has been specified in the advertisement and prospectus issued by the Board. Chemistry was among 11 subjects, to which advertisement was given calling for applications from eligible Teacher aspirants. (iii)The prescribed qualification is B.A./B.Sc., degree in the relevant subject with B.Ed., degree for Junior Graduate Assistants posts. For the post of Junior Grade Teachers in Chemistry, the candidates should possess B.Sc.,degree in Chemistry. The petitioner was called for certificate verification on 02.04.2004 based on the marks in the written examinations. During certificate verification it was found that the petitioner holds a degree in Industrial Chemistry which is not as per the notification given by the Board. (iv)It is the specific stand of the respondent that the Board has sought for clarification from the Registrar, University of https://hcservices.ecourts.gov.in/hcservices/ Madras, on equivalence or otherwise of B.Sc., (Industrial Chemistry) to B.Sc., Chemistry which is the prescribed qualification for Chemistry Teacher. The Registrar of Madras University in his letter dated 07.05.2004 informed the Board that the B.Sc., Degree in Industrial Chemistry offered by Madurai Kamarajar University cannot be considered as equivalent to B.Sc., degree in Chemistry for the purpose of appointment as Junior Graduate Assistant in Chemistry in Government Schools. Since the petitioner did not possess the prescribed qualification, that is, degree in Chemistry, his candidature was rejected by the Board. The rules in existence do not permit this Board to consider the petitioner for selection to the post of Junior Graduate Assistant and therefore, the respondents prayed for dismissal of this writ petition. 4. On the above pleadings I have heard Mr.R.Saseetharan, learned counsel for the petitioner, Mr.A.Suresh, learned Government Advocate appearing for the respondents 1 and 2. 5. The learned counsel for the petitioner specifically contended that the clarification given by the Madurai Kamarajar University from where the petitioner underwent the course of B.Sc.,Industrial Chemistry has clarified the position that B.Sc.,Industrial Chemistry is equivalent to B.Sc.,Chemistry and therefore, the petitioner is eligible to go for admission to M.Sc.,Chemistry. That clarification is relevant for the claim of the petitioner, but the same was not considered by the respondent. 6. He further contended that as per the written examination and the marks obtained, the petitioner scored 88 marks whereas the persons with 87 marks have been selected. The petitioner's claim for appointment is on the basis of the marks obtained by him. The clarification sought for from the University of Madras cannot be taken into account and therefore, the relief sought for by the petitioner has to be considered. 7. Per contra, the learned Government Advocate by referring to various Government Orders submitted that as per the qualification prescribed, B.Sc.degree in the relevant subject with B.Ed.degree is the required qualification for the Junior Graduate Assistant post as per the notification and when the petitioner is not having the required qualification, after verification of the certificates it is found that the petitioner holds B.Sc., degree in Industrial Chemistry and since it is not the required qualification as per the notification given by the Board, the petitioner was not selected. 8. In this case, it is seen that the notification was issued on 21.10.2003 and applications for the post of B.T.Assistant/School Assistant were called for. The petitioner applied for the same and wrote the examination on 11.1.2004 and he secured 88 marks in the https://hcservices.ecourts.gov.in/hcservices/ said examination and thereafter, a certificate verification was made on 02.04.2004. However, he was not issued with any appointment order. 9. From the statements and on perusal of the Government Orders it would reveal that for the post of Junior Graduate Teachers, B.Sc.,degree in the relevant subject with B.Ed.Degree is the required qualification as per the prospectus issued by the Board wherein 11 subjects have been notified in which Chemistry was given, calling for applications from eligible Teacher aspirants. A perusal of the documents would reveal that the petitioner had undergone three years B.Sc., degree course in Industrial Chemistry in Madurai Kamarajar University and scored 80.92% in the B.Sc.,degree. Thereafter, he studied M.Sc.,Chemistry in the same University and B.Ed., degree course from the Madras University and passed the same with 70.2%. 10. The petitioner, by his letter dated 07.04.2004 had applied for clarification from the Madurai Kamarajar University from where he underwent the course of B.Sc., degree in Industrial Chemistry. The Madurai Kamarajar University in its communication dated 20.4.2004 clarified the position with reference to the letter of the petitioner and stated that the Chairman, Board of Studies in Chemistry (UG) has remarked that "as per the resolution passed in the Board of studies in Chemistry (PG) meeting, B.Sc.,Industrial Chemistry is equivalent to B.Sc., Chemistry and eligible for admission to M.Sc., Chemistry. So the same rule may be applicable in this case also and may be treated as equivalent", based on which the petitioner had made a claim. However, the respondent has taken a stand that they have sought for clarification from the Registrar, University of Madras on equivalence or otherwise of B.Sc.,(Industrial Chemistry) to B.Sc.,Chemistry which is the prescribed qualification for a Chemistry Teacher. The Registrar of Madras University in his letter dated 07.05.04 informed the Board that the B.Sc.,degree in Industrial Chemistry offered by Madurai Kamarajar University cannot be considered as equivalent to B.Sc.,degree in Chemistry for the purpose of appointment as Junior Graduate Assistant in Chemistry in Government Schools. 11. The stand of the respondent has been stated in para 7 of the counter affidavit. It is unfortunate that why the respondent has gone to the University of Madras wherein the petitioner had not even studied the B.Sc., Chemistry and the University of Madras is not the competent authority to clarify the position. It is governed by a separate statute, the syndicate and the academic council of the Madurai Kamarajar University alone is competent to clarify the degree conferred upon the petitioner. Therefore, the stand of the respondent on the basis of the clarification received from the University of Madras that the B.Sc., degree in Industrial Chemistry is not equivalent to B.Sc., degree in Chemistry is unwarranted and uncalled for. The action of the respondent on taking such a clarification from the University of Madras in its letter dated https://hcservices.ecourts.gov.in/hcservices/ 7.5.2004 and acting on the same in rejecting the petitioner's claim cannot be justified. The respondent has to clarify the position or to accept the clarification given by the Madurai Kamarajar University in its letter dated 20.4.2004. On the contrary, they have acted on the clarification obtained from the University of Madras which is not the relevant University in question to clarify the B.Sc.,degree in Industrial Chemistry as the petitioner underwent the course of three years in Madurai Kamarajar University and the same has been stated as qualification equivalent to B.Sc.Chemistry. 12. Mr.S.Sethuraman, learned standing counsel for the third respondent-Madurai Kamarajar University in his submissions seriously contended that the stand of the Madurai Kamarajar University has been clarified in its letter dated 20.4.2004, wherein it is stated that B.Sc.,Industrial Chemistry is equivalent to B.Sc.Chemistry and the same has to be considered and acted upon by the respondents 1 and 2. 13. Therefore, the relief sought for by the petitioner has to be looked into on the basis of the notification called for. The petitioner wrote the examination and secured 88% marks and having the qualification of B.Sc., Industrial Chemistry which is equivalent to B.Sc., Chemistry which is one of the qualifications as per the notification and therefore, the respondent has to consider the claim of the petitioner. 14. Accordingly, this Writ Petition is allowed with a direction to the respondents to consider the appointment of the petitioner as B.T.Assistant/School Assistant in Chemistry in any one of the vacancies under the respondent department and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected WPMP No.22531/2004 is disposed of. sal Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To 1.The Director of School Education College Road, Chennai 6 https://hcservices.ecourts.gov.in/hcservices/ 2.The Teachers Recruitment Board rep. by Member-Secretary College Road, Chennai 6 3.The Registrar Madurai Kamarajar University, Palkalai Nagar, Madurai + 1 cc to Mr.R. Saseeiharan,Advocate SR.54042 + 1 cc to Goverment pleader SR.53529 W.P.NO.18822/2004 and WPMP No.22531/2004 MSM(CO) EU 2.1.2009. https://hcservices.ecourts.gov.in/hcservices/