1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 10712 of 2011 and MP(MD).No.1 of 2011 Priya S.Nair ... Petitioner Vs. 1.The Teacher's Recruitment Board, rep by its Chairman 4th floor, E.V.K.Sampath Maligai, D.P.I. Campus, College Road, Chennai - 6. 2.The University of Kerala, rep by its Vice Chanceller State of Kerala, Thiruvananthapuram. 3.The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Chennai - 5. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the Official Communication No. TNTEU/R/Evaluation/2011/372 dated 16.3.2011 and Official Communication No. TNTEU/R/Evaluation/ 2011/660 dated 16.5.2011 of the third respondent and quash the same and consequently direct the third respondent to issue evaluation certificate for the B.Ed., degree for the petitioner and pass such further or other orders a this Court may deem fit and proper in the fact and circumstances of the case. For Petitioner : Mr.C.Kishore, for Mr.S.Siva Thilagar For Respondents : Mr.M.Alagathevan 1& 3 Special Government Pleader O R D E R The present Writ Petition is directed against the order passed by the third respondent-the Registrar, Tamil Nadu Teachers Education University,Chennai, in and by which, the third respondent has informed the petitioner that the B.Ed Degree acquired by the petitioner from the Kerala University is not equivalent to the B.Ed., degree of the Teachers Education University of Tamil Nadu since the University of Kerala has adopted single optional method instead of double optional method as adopted by the University of Tamilnadu Teacher Education. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned counsel appearing for the petitioner submits that the reason given by the third respondent in the impugned order is directly opposed to G.O.Ms.No.483(Education Department) dated 28.3.1988 followed by the proceedings issued by the Director of School Education, Madras R.C.No. 158275 W11/88 dated 20.7.1988 addressed to the Chief Educational Officer, Virudhunagar. The learned counsel appearing for the petitioner further elaborating the arguments has stated that the impugned order has not even considered on what basis the B.Ed., degree acquired by the petitioner from Kerala University should not be considered equivalent to the B.Ed., degree obtained from the Tamilnadu Teacher Education University when there is a specific Government Order followed by the proceedings as mentioned above. 3. The petitioner has completed her B.Ed., degree in the year 2008. While so, the third respondent established under the Tamilnadu Teacher Education University Act 2008 has come into effect from 27.5.2008 and is bound by the G.O. issued by the State of Tamilnadu and subsequently followed by the proceedings dated Rc.No.115300/K2/88 dated 4.4.1988. Even though the third respondent is entitled to prescribe the norms, cannot at the same time ignore the G.O.No.483 dated 28.3.1988 and the subsequent proceedings issued by the Director of School Education dated 20.7.2988 . In the said G.O.No. 483, it has been specifically mentioned that a degree certificate obtained by the Teacher Education University outside the state are now followed by the Director of School Education for the following two reasons: a. For deciding whether the teachers satisfy the qualifications prescribed for the posts (under the Services Rules so far as Government School teachers are concerned; b. Extension of benefit of incentive increments under the scheme sanctioned in G.O.Ms.No.42 Education dated 10.1.1988. 4. The another proceedings dated 20.7.1988 passed by the Directior of School Education also gives a list of various recognized Universities with a detail of disciplines which were considered as equivalent to that of a degree issued by the University of Madras. In the list of recognized Universities the name of Kerala University with B.Ed. degree has already been mentioned to say that if any one acquires B.Ed., degree from Kerala Univeristy that has to be considered as equivalent to B.Ed., degree obtained from Madras University. Therefore, the reasoning mentioned in the impugned order by the Registrar - the second respondent herein that the B.Ed degree obtained by the petitioner from Kerala University cannot be considered and the B.Ed. degree examination of Tamilnadu Teacher Education University is different, is neither proper nor tenable. 5. The learned Special Government Pleader appearing for the respondents after reading the above mentioned proceedings and the G.O.No. 483 dated 28.4.1988 has no answer to support the impugned order. Of course, the impugned order has no whisper about the above mentioned G.O. as well as the proceedings to say that B.Ed., degree obtained by the petitioner from Kerala University will be considered as equivalent to the B.Ed degree obtained from the Madras University. In such view of the https://hcservices.ecourts.gov.in/hcservices/ 3 matter, the impugned order challenged in the Writ Petition is liable to set aside. Accordingly,the same is set aside and the Writ petition is allowed. Resultantly, the third respondent is directed to issue Evaluation Certificate for B.Ed., degree for the petitioner within a period of four weeks from the date of receipt of a copy of this order. 6. With the above observation, this Writ Petition is allowed. No costs. Consequently, connected M.P. is also closed. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(CS) To, 1.The Chairman The Teacher's Recruitment Board, 4th floor, E.V.K.Sampath Maligai,D.P.I. Campus, College Road, Chennai - 6. 2. The Vice Chancellor The University of Kerala, State of Kerala, Thiruvananthapuram. 3.The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus,Chennai – 5. +1cc to Mr.S.Sivathilakar, Advocate, SR.No.37101 ses GH : 23.11.2011 : 3p/5c W.P.(MD)No. 10712 of 2011 and MP.(MD).No.1 of 2011 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/