P. Muthusamy v. Director of School Education, Chennai
2013-08-21
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment : 1. As the matter is covered by the order of this court dated 21.08.2013 in W.P.No.7351 of 2012, etc batch cases, this writ petition is taken up for final disposal. 2. Heard both sides. 3. The petitioner passed B.A. In Corporate Secretaryship in 1986 from Bharathiar University. He also completed M.Com in 1988 from the same University. He also passed B.Ed in September, 1990. Thereafter, the petitioner passed B.Com in May, 2011 from the Annamalai University. He also got M.Phil in Commerce in Vinayaka Mission University. 4. The petitioner's name was sponsored two times by the Employment Exchange for the post of PG Assistant, but he was not selected. Subsequently, when the petitioner was sponsored by the employment exchange, the Teachers Recruitment Board (for short TRB), by its proceedings, dated 23.12.2011, asked the petitioner to appear for certificate verification for the post of P.G. Assistant in Commerce. 5. The petitioner appeared for certificate verification on 9.1.2012 and produced all certificates. But, the petitioner was not selected when the result was published in the website of the TRB. In the remarks column, it is stated that "UG completed in May 2011 not in COD". 6. In these circumstances, the petitioner has filed this writ petition seeking for a direction to the respondents to select and appoint the petitioner as P.G. Assistant in Commerce in pursuant to the memo, dated 23.12.2011 issued by the TRB. 7. It is stated that the Bharathiar University has issued a letter, dated 2.7.2008 to the petitioner stating that B.A.Corporate Secretaryship degree course is considered as equivalent to B.Com Degree for the purpose of appointment and higher studies. 8. Further, the Government issued G.O.Ms.No.303, Finance Department, dated 27.5.2004 declaring that B.A. Corporate Secretaryship is equivalent to B.Com Degree. Hence according to the petitioner, the petitioner has completed B.A. Corporate Secretaryship course even before the certificate verification. Further, the petitioner also possessed M.Com. Hence, the petitioner should have been selected for the post of P.G. Assistant in Commerce. 9. I have considered the submissions made by either side. 10. The petitioner passed B.A. Corporate Secretaryship, M.Com, B.Ed., B.Com and M.Phil in Commerce. The petitioner appeared for the certificate verification conducted by the TRB. But he was not selected on the ground that he had not completed B.Com before the cut off date. He has passed B.com in May, 2011. 11.
10. The petitioner passed B.A. Corporate Secretaryship, M.Com, B.Ed., B.Com and M.Phil in Commerce. The petitioner appeared for the certificate verification conducted by the TRB. But he was not selected on the ground that he had not completed B.Com before the cut off date. He has passed B.com in May, 2011. 11. The Government issued G.O.Ms.No.303, Finance Department, dated 27.5.2004 declaring that B.A. Corporate Secretaryship is equivalent to B.Com Degree. Therefore, it cannot be said that the petitioner has not completed the B.Com before the cut off date. Even otherwise the petitioner is eligible to be selected as he had completed M.Com also. 12. Further, this court by an order dated 23.1.2013 in W.P.(MD)Nos.16101 of 2012 and 1132 of 2013 [Mrs.J.Rathiga Vs. The State of Tamil Nadu, represented by its Principal Secretary] and by an order dated 12.8.2013 in W.P.No.21552 of 2013 [R.Vijayachitra Vs. The Secretary to Government of Tamil Nadu, Education Department, Fort St. George, Chennai and another] has held that obtaining degree in reverse order cannot make a person ineligible. 13. Further this court by an order dated 21.8.2013 in W.P.No.7351 of 2012 batch cases [D.Hasina Banu Vs. Member-Secretary,Teachers Recruitment Board, Chennai-6 and another]allowed the writ petitions filed by the similarly situated persons like the petitioner herein. 14. In view of the above, this writ petition is allowed and a direction is issued to the respondents to appoint the petitioner as P.G. Assistant in Commerce and issue appointment order within a period of four weeks from the date of receipt of copy of this order. No costs. Consequently connected miscellaneous petition is closed.