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2010 DIGILAW 2917 (MAD)

P. Periyasamy v. The Director of Employment & Training

2010-07-16

D.MURUGESAN, M.SATHYANARAYANAN

body2010
Judgment :- 1. The question that arises in all these writ petitions is as to whether the petitioners/trainees possessing Diplomas in Teacher Education course conducted by Bharathiya Shiksha Parishad, Lucknow, Uttar Pradesh are entitled to register their names in the employment exchange for the purpose of their employment even before their Diplomas are evaluated by the educational authorities of the State. 2. The facts in brief for the disposal of these writ petitions are as follows. For convenience, we refer to the averments made in W.P.No.10036 of 2007. The petitioner by name P. Periyasamy underwent the two years training in Diploma in Teacher Education Course during the session 2004-2006 and has passed the said examination conducted by Bharathiya Shiksha Parishad, Lucknow, Uttar Pradesh. According to the petitioner, the said diploma is equivalent to the diploma certificate issued by the State of Tamil Nadu in Teacher Education course. On the basis of the diploma obtained by the petitioner, he applied for his registration in the employment exchange. That request was not accepted by the District Employment Officer, Dharmapuri District on the ground that unless the diploma obtained by the petitioner is evaluated by the State, he is not entitled to the registration of his name in the employment exchange. 3. We have heard the learned counsel for the petitioners and the learned Government Advocate for the respondents. 4. At the outset, we may point out that by various interim orders of this Court, the candidates who obtained similar diploma certificates had got their names registered in the employment exchange during earlier periods. As these writ petitions are finally heard and disposed of, this order will govern the issue in general. There is no dispute that the educational authorities of the State would be entitled to evaluate the diplomas issued by the institutes or examining bodies of other States to find out whether those students have undergone the syllabus which are equal to the syllabus of this State, particularly the subjects, the method of teaching, number of years of coaching etc. Only such of the students whose diplomas are recognised by the State on evaluation would be entitled to employment in the State. Hence the certificates of such of those students who have obtained the diplomas from the Universities situate in other States are to be necessarily evaluated for the purpose of registration. Only such of the students whose diplomas are recognised by the State on evaluation would be entitled to employment in the State. Hence the certificates of such of those students who have obtained the diplomas from the Universities situate in other States are to be necessarily evaluated for the purpose of registration. In that view of the matter, the petitioner cannot seek for a direction to the District Employment Officer, Dharmapuri District for registration of his name even before the evaluation of the diploma which he has obtained from Bharathiya Shiksha Parishad, Lucknow. When the petitioner approached the respondent-District Employment Officer, Dharmapuri for registration, the same has been turned down by the impugned order dated 16.4.2002 on the ground that there was no evaluation by the State. This order cannot be found fault with. That apart, the State had approached the University Grants Commission, New Delhi to find out whether the Bharathiya Shiksha Parishad, Lucknow is a University or Deemed University and as to whether the degrees like B.Ed./M.Ed., etc., awarded by the said Bharathiya Shiksha Parishad can be evaluated for the purpose of recognition and employment. The Commissioner, Commissionerate of Employment and Training, Guindy was addressed by the Under Secretary of the University Grants Commission in his proceedings in F.No.2-2/91(MPC/FQ) mace during April, 2010 and the said communication reads as under:- "With reference to your letter No.Pa.Pa.1/15587/2008 dated 22.3.2010 on the above subject, I am directed to inform you that Bhartiya Shiksha Parishad, Lucknow (U.P.) is neither a university nor a deemed to be university. Hence, the same cannot award any degree under Section 22 of the UGC Act, 1956. Therefore, all the degrees or certificates which are awarded by this Parishad are not valid for any employment and academic purpose. However, the matter of recognition of degrees like B.Ed./M.Ed., etc awarded by the Bhartiya Shiksha Parishad, Lucknow and also its recognition is still subjudice in the Courts. So, the name of Parishad has been temporarily deleted from the list of fake Universities being maintained by UGC. The copies of the letters which are issued by the UGC to the Parishad are enclosed herewith for your information (Copy enclosed)." 5. So, the name of Parishad has been temporarily deleted from the list of fake Universities being maintained by UGC. The copies of the letters which are issued by the UGC to the Parishad are enclosed herewith for your information (Copy enclosed)." 5. Even before that, the very same Under Secretary of the University Grants Commission has addressed the Secretary of the Bharathiya Shiksha Parishad, Lucknow in his letter dated 22.10.2009, which reads as follows:- "This is with reference to the present list of fake Universities displayed on UGC website wherein the name of Bhartiya Shiksha Parishad is shown as deleted from the list with a condition that the matter of recognition of degrees like B.Ed./M.Ed., etc., awarded by the Bhartiya Shiksha Parishad, Lucknow as well as its recognition is still subjudice. As per your statement that the Indian Education Council of U.P., Lucknow, U.P., is the English version of Bhartiya Shiksha Parishad, the name of Indian Education Council of U.P., Lucknow, U.P., at serial No.15 is also deleted from the list of fake Universities subject to the undertaking furnished by our Parishad that it will neither award any degree nor use the word "University" in any form. In case of violation of the condition, appropriate legal action would be taken by the Commission." 6. From the above, it is seen that the Bharathiya Shiksha Parishad, Lucknow is neither a University nor a deemed to be University and the matter relating to the recognition is still pending before the Courts. In such event, the petitioner, who has obtained the diploma certificate from the said institute, cannot seek for registration as a matter of right. In the absence of such evaluation certificate, he cannot also question the impugned order of the District Employment Officer in rejecting his request for registration in the employment exchange. For all the above reasons, we find no merit in his contentions. Accordingly, W.P.No.10036 of 2007 is dismissed. 7. As the other writ petitioners have also secured diplomas in the very same institute, namely, Bharathiya Shiksha Parishad, Lucknow and they question the very same impugned order, they are also not entitled to seek for registration of their names in the employment exchange without there being any evaluation done by the educational authorities of the State. Accordingly, we find no merit in W.P.Nos.10037 to 10046 & 10053 of 2007 and they are also dismissed. Accordingly, we find no merit in W.P.Nos.10037 to 10046 & 10053 of 2007 and they are also dismissed. Consequently, M.P.Nos.1, 2 & 3 of 2007 are also dismissed. No costs.