IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.08.2009 CORAM THE HONOURABLE Mr.JUSTICE M.M. SUNDRESH W.P.No. 6577 of 2008 AND M.P.NO. 1 OF 2008 J. Sasikala ... Petitioner Vs 1.State of Tamilnadu represented by Secretary to Government, School Education Department, Fort St. George, Chennai- 600 009. 2.Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Building, College Road, Chennai- 600 006. represented by its Chairman. 3.The Director of School Education, Chennai- 600 006. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for a writ of certiorarified mandamus, calling for the records, of the second respondent relating to the Direct Recruitment of Junior Graduate Assistant for Government Middle/High/Higher Secondary Schools, 2006-2007 in so far as it related to the petitioner (Roll No.G.05110588) and the letter No.2277/B4/2007 dated 11.09.2007, and quash the non-selection of the petitioner and also the order dated 11.09.2007 and issue consequential directions to the respondents to select and appoint the petitioner as junior Grade Assistant based on the results of the Competitive Examination held on 05.11.2006 by the second respondent and the certificate verification on 24.04.2007. For Petitioner : Mr.A.R. Suresh for Mr. J. Muthukumaran & C.D. Sugumar For Respondents : Mrs.Lita Srinivasan, Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ ORDER The petitioner herein is a degree holder having completed the subject of Bio-Chemistry in B.Sc. Degree. Pursuant to that he had also obtained a degree in B.Ed. in Physical Science. Thereafter, he had applied for the Post of Graduate Assistant for Government / Middle Higher/ Secondary School in pursuant to the prospectus issued, on 02.09.2006. The petitioner was also allowed to write the examination and called for the interview. However, at the time of interview the petitioner was informed that he cannot be considered for the said post since the qualifications obtained by him is only for the post of Bio-Chemistry, as against the requirements of B.Sc. Chemistry Degree. Challenging the same, the writ petition has been filed. 2. The learned counsel for the petitioner submitted that both the Bharathiyar University and Bharathidasan University have treated B.Sc. Bio-Chemistry, on par with B.Sc. Chemistry. Even the Government in G.O.Ms.No.254, dated 22.10.1998 has treated the B.Sc. Degree for the course of Bio-Chemistry, on par with B.Sc. Chemistry in so far as the said degree obtained from the Bharathidasan university is concerned. In the present case, the petitioner has obtained the degree from Avinashilingam Institute for Home Science and Higher Education for Women, which is a deemed University. Therefore, the petitioner had submitted that taking into consideration the above said case, the petitioner ought to have been granted the post by treating the B.Sc. Bio-chemistry degree, as the one equivalent to the B.Sc. Chemistry. 3. Per contra, the Government Pleader had submitted that the petitioner is bound by the prospectus issued by the second respondent. The prospectus clearly specifies the qualification which is only a degree in B.Sc. Chemistry. It is further submitted that Clause-I of the prospectus specifically states that the post is to be filled up after certificate verification. Hence even though the petitioner has got sufficient marks to get the post, the post will be given to the petitioner only after verification and therefore, after the scrutiny of the certificate the 2nd respondent has rightly refused to give an appointment. 4. Heard the contention of the learned counsel for the petitioner and the learned Government Advocate. 5. The petitioner cannot rely upon the Government order, dated 22.10.1998, as well as the validation done by the Bharathiyar University. A validation of the certificate from one Degree to another Degree has to be done by the educational authorities and this Court cannot take such a power and treat the degree of the petitioner as one on par with a B.Sc. Chemistry Degree. Further, https://hcservices.ecourts.gov.in/hcservices/ the prospectus clearly stipulates that the qualification is only B.Sc. Degree. 6. The learned Government Advocate has relied upon the Judgement of the Honourable High Court in W.P.No.37078 of 2005 dated 10.08.2006, wherein in identical circumstance this Honourable Court had rejected the plea on the ground that merely because the petitioners were allowed to write the examinations, it will not grant them indefeasible right to be selected to the post. Para-6 of the order of the Honourable High Court reads as follows: "6. This Court carefully considered the arguments of the counsel on either side and perused the material records placed. To decide the issues involved in this case, the prospectus issued by the respondents for the academic years 2004-2005 and 2005-2006 are very much necessary wherein the estimated vacancy relating to each and every subject is clearly mentioned.In the qualification column, it is mentioned that a degree in B.A. or B.Sc., in relevant subject with B.Ed., candidates should possess knowledge of Tamil of 10th standard level alone can participate. In the said prospectus, it is specifically found mentioned that Physics, Chemistry, Biology and Zoology along with other subjects, but Bio- chemistry is not found mentioned, hence, the Court would not interfere with proprietary of particular qualification fixed by the Board. When a candidate did not possess the advertised qualification, he is not eligible to seek for selection. It is to be remembered that the advertisement or prospectus issued by the Board restricted the eligibility qualification only to the person possessing a degree in Chemistry, processed the selection accordingly and the person who do not possess such qualification is not eligible for consideration. A letter dated 06.06.2002 issued by the Government of Tamil Nadu was relied upon by the learned counsel for the petitioners to say that the candidates who possess B.Sc., Bio-Chemistry and Physical Science be appointed as Science graduate Teacher in Government Aided School. The said letter cannot be relied on when advertisement or prospectus stipulates only degree in Chemistry. Any interference by introducing Bio-Chemistry in the selection made already amounts to unsettling the settled things. Merely because the petitioners were allowed to write the written examinations, it will not grant them indefeasible right to be selected to the post." 7. It is seen that the facts involved in the said case are similar to the present case. Therefore, on consideration of the above said Judgment as well this Court is of the opinion, the writ petition is liable to be dismissed. However, it is made clear that https://hcservices.ecourts.gov.in/hcservices/ the dismissal of the writ petition will not stand in the way of the writ petitioner approaching the Government for seeking validation of the Certificate obtained by the petitioner for B.Sc. Bio Chemistry as one on par with B.Sc. Chemistry. As and when the petitioner approaches the Government and make such a request, the Government shall consider the same without reference to the orders passed by this Honourable Court and by taking into consideration the earlier orders passed in G.O.Ms.No.254 dated 22.10.1998. With this observation, this writ petition is dismissed. As and when the petitioner approaches the Government, the same has to be considered within a period of eight weeks from the date of receipt of the said representation to be made by the petitioner. Consequently, the connected Miscellaneous Petition is also closed. Mps Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Secretary to Government, of Tamil Nadu, School Education Department, Fort St. George, Chennai- 600 009. 2.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Building, College Road, Chennai- 600 006. 3.The Director of School Education, Chennai- 600 006. + 1 cc to Mr. C. D. Sugumar, Advocate SR No.38979 + 1 cc to Government Pleader, SR No.38679 BV(CO)SR/31.8.2009 W.P.No. 6577 of 2008 AND M.P.NO. 1 OF 2008 https://hcservices.ecourts.gov.in/hcservices/