Dr. G. Ramachandran vs The Secretary to Government, Educational Department and Others

P. Jyothimani, J.—The writ petitioners have possessed B.Sc., degree in Chemistry in the years 1985, 1998 and 2000 respectively and thereafter, they obtained M.Sc., post graduate degree in Industrial Chemistry in the year 1989, 2000 and 2002 respectively. Thereafter, they have obtained M. Phil in Chemistry in the year 2000, 2003 and 2007 respectively and the petitioner in W.P.(MD) No. 4556 of 2009 was awarded Ph.D in Industrial Chemistry in the year 2006. When the teachers recruitment Board has called for application in the year 2008 to fill up the 156 posts of lecturer in Chemistry in the Tamil Nadu Collegiate Education and Government Arts and Science Colleges, the petitioners have applied for the same. It was stated that certificate verification would take place on 05.03.2009. Thereafter, the petitioners were waiting for a call letter for interview, which commenced on 08.06.2009, but the petitioners did not get the interview card. On the assumption that the petitioners have not called for interview due to the reason that they have completed M.Sc., post graduate degree in Industrial Chemistry and also knowing about the reason through website, wherein the teachers recruitment board while considering the name of the petitioners in not calling for interview has given a remark that the petitioners are having post graduate degree in Industrial Chemistry, the petitioners have filed the present writ petition for the relief as prayed for.

The petitioners have undergone post graduate degree in Industrial Chemistry at Bharathidasan University. The petitioners have also collected information about some of the persons, who held M.Sc., post graduate degree in Industrial Chemistry were considered for the appointment to the post of lecturer in Chemistry in R.D.M. Government College of Men, Sivagangai, Alagappa Arts College, Karaikudi, M.R. Govt. Arts College, Manamadurai and Government Arts College, Udhagamandalam. Therefore, according to the petitioners, non consideration of the petitioners by the teachers recruitment board for the post of lecturer in chemistry for the reason that they have obtained the post graduate degree in industrial chemistry is not justifiable.

The learned Counsel for the petitioners has brought to the notice of this Court that in similar circumstances, the Principal Bench of this Court had an occasion to consider as to whether a post graduate degree holder in Industrial Chemistry not eligible to consider for the post of lecturer in Chemistry that was case in W.P. No. 12810 of 2009.

In that case while a similar question arose, the Court has called for an opinion from the Tamil Nadu State Council for Higher Education (TANSCHE), which is a body constituted under Tamil Nadu Act 40 of 1992 and the said council has given its opinion in the form of a resolution passed by the Chairperson of Board of Studies of Chemistry after comparing the syllabus of M.Sc., (Industrial Chemistry) offered by the Alagappa University, Karaikudi and M.Sc., (Chemistry) observing that the subjects are similar and hence they are considered equivalent as that of M.Sc., (Chemistry). The resolution of the council as elicited by this Court in the said order is as follows;

After the deliberation, the chairperson of Board of studies of Chemistry unanimously passed a resolution recommending that after perusing and comparing the syllabus of M.Sc., Industrial Chemistry offered by Alagappa University, Karaikudi and M.Sc Chemistry it is observed that 70-75% of Chemistry subject being included in M.Sc. Industrial Chemistry of Alagappa University. Hence M.Sc., Industrial Chemistry offered by Alagappa University is considered equivalent to M.Sc. Chemistry (70-75%).

Further after perusing and comparing the syllabus of M.Sc. Industrial Chemistry offered by Bharathidasan University, Tiruchirappalli and M.Sc. Chemistry it is observed that about 60-65% of Chemistry subject being included in M.Sc. Industrial Chemistry of Bharathidasan University. Hence M.Sc., Industrial Chemistry offered by Bharathidasan University is considered equivalent to M.Sc. Chemistry (60-65%).

In the light of the above opinion of subject experts, it was resolved that the M.Sc. Industrial Chemistry is an equivalent subject to M.Sc., Chemistry to teach Chemistry in Colleges and this may be communicated to the Hon''ble Madras High Court.

It is based on the expert opinion given by the Tamil Nadu State Council for Higher Education, the said writ petition came to be disposed of directing the respondent therein to interview the petitioner therein and thereafter, publish the results.

The issue involved in this case is also squarely the same to that of the facts of the above said case, which was decided based on the expert opinion and therefore, I am of the considered view that the said judgment is having binding effect on the facts and circumstances of the case. In this case, on fact, it is clear that as per the direction of this Court, the petitioners have been interviewed by the first respondent board and only the result has to be published.

In such view of the matter, the writ petitions stand allowed with a direction to the first respondent to publish the result of the petitioners in respect of the interview, which was conducted as per the order of this Court, for the post of lecturer in Chemistry by treating the petitioners on par with others and such exercise shall be completed within a period of ten days from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed. No costs.