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Madras High Court · body

2015 DIGILAW 1299 (MAD)

S. Rajendran v. Anna University of Technology Represented by its Vice Chancellor, Madurai District

2015-03-04

V.M.VELUMANI

body2015
Judgment :- The issue involved in both the writ petitions is one and the same and hence the same were heard together and a common order is passed. 2. The petitioner has filed the Writ Petition for direction to the respondent to call the petitioner for interview for the post of Associate Professor and Assistant Professor in the Department of Management Studies. 3. According to the petitioner, he is eligible and fully qualified for appointment of Assistant Professor and Associate Professor in the Department of Management Studies in the respondent University. Interview for the post of Associate Professor was held on 26.10.2010 and the Assistant Professor was held on 23.10.2010. The petitioner was not called for interview. The respondent issued call letters only to the candidates, who have M.B.A Degree and not to the candidates, who have equivalent degree. Therefore, the petitioner filed the present writ petitions for the relief stated supra. 4. The respondent filed counter affidavit denying the various averments made by the petitioner. It is stated that the qualification prescribed for the post of Assistant Professor is First Class or equivalent in Master's Degree in Business Administration or equivalent and two years relevant experience in teaching. The qualification prescribed for the post of Associate Professor is First Class or equivalent to Master degree in business administration and Ph.D. or equivalent in appropriate discipline with minimum of 5 years experience in Teaching/Research/Industry of which two years post Ph.D. experience. The petitioner has completed M.Com, Post Graduation, M.Phil (Commerce) and B.Ed., (Commerce) and he has not completed M.B.A., degree. The degree in M.Com, and M.Phil., which are possessed by the petitioner cannot be considered as equivalent to M.B.A. 5. The learned counsel for the respondent relied on two Judgments, reported in 1975(3)SCC 76 (Mohammed Shujat Ali-Vs-Union of India), wherein the Apex Court held that the subject of equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standard and it involves practical attainments of such qualifications and the experts are required to aid in deciding the issue. In another case reported in 2002(6) SCC 252 , (State of Rajasthan-Vs-Lata Arun) it is held that prescribing minimum educational qualification for admission to a course and recognizing certain educational qualification as equivalent to or higher than the prescribed one, involves policy decision to be taken by the State Government or the authority vested with the power under any statute. No equivalent certificate was produced by the petitioner. Therefore, he prayed for dismissal of the writ petitions. 6. Heard Mrs.J.Meenakshi, learned counsel appearing for the petitioner and Mr.M.Raja Rajan, learned Government Advocate appearing for the respondent. 7. The qualification prescribed for Assistant Professor is First Class or equivalent in Master's Degree in Business Administration or equivalent and two years experience in teaching. The qualification for Associate Professor is First Class or equivalent to Master degree in business administration and Ph.D. or equivalent in appropriate discipline with minimum of 5 years experience in Teaching/Research/Industry or which two years post Ph.D. experience. The petitioner has completed M.Com, M.Phil (Commerce) and B.Ed., (Commerce) and he has not completed M.B.A., degree. According to the petitioner, the degree of Commerce and Economics is equivalent to M.B.A. This statement of the petitioner is denied by the respondent. Whether, the degree in Commerce and Economics are equivalent to M.B.A. Degree is technical aspect which can be decided only by the Equivalents Committee. 8. In the present case, the petitioner has not filed any equivalent certificate. Therefore, the claim of the petitioner that degree in Economics and Commerce is equivalent to M.B.A., is not correct. 9. In the result, these Writ Petitions are dismissed. No costs. Consequently, connected M.P(MD)Nos.1 & 1 of 2010 are also dismissed.