Disposed

M.Nagarathna v. The Government of Tamil Nadu

Madras HC10 Feb 2023WP/17000/2019

Case brief

AI extract

What is this about?

The petitioner, a teacher, challenged the return of her application due to documentary requirements regarding degree equivalence. The Court held the degree is equivalent and granted liberty to submit documents, directing respondents to process the promotion application within specified timelines. The writ itself was disposed of.

What did the court decide?

Liberty granted to submit documents; third respondent to forward application to second respondent within one week; second respondent to consider within four weeks.

M.Nagarathna Vs The Government of Tamil Nadu — Education and Admissions | Madras HC (2023)

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W.P.No.17000 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.02.2023

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.No.17000 of 2019 and W.M.P.Nos.16564, 19795 of 2019 & 791 of 2022

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M. Nagarathna ... Petitioner

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Vs.

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1.The Government of Tamil Nadu, Rep. by its Director of School Education, College Road, Chennai – 600 006.

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2.The District Education Officer, Sathyamangalam Taluk, Erode District – 638 461.

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3.The Block Elementary Education Officer, Thalavadi Panchayat Union, Thalavadi, Erode District – 638 461. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order bearing Ref. No.Aa. Thi. Mu En.2200/A4/2019 dated 12.05.2019 signed on 11.06.2019 passed by the second respondent in evaluating the petitioner's degree and to quash the same and consequently direct the second and third respondents to consider and promote the

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https://www.mhc.tn.gov.in/judis

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W.P.No.17000 of 2019

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petitioner to the post of B.T. Assistant in Mathematics for the 2019-2020 panel or subsequent panel under the 50% quota reserved for lower scale of pay within a time frame to be fixed by this Court.

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[Prayer has been amended vide order dated 10.02.2023 of this Court in WMP.No.19793 of 2019 in WP.No.17000 of 2019]

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For Petitioner : Mr.V. Govardhanan

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For Respondents : Mr.D. Gopal, Government Advocate

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ORDER

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The petitioner who holds a degree in B.Sc. from the University of Mysore, was appointed to the post of Secondary Grade Teacher by the third respondent herein on 08.11.2014. When she had sought for genuinity of her educational certificates before the third respondent herein, the same came to be returned on 11.06.2019, for compliance of certain queries raised therein. Challenging the same, the present Writ Petition has been filed.

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2. As per the remarks made by the third respondent herein dated 11.06.2019, the petitioner was called upon to enclose a genuinity of her 10^th Qualification Certificate; the Government Order for recognition of B.Sc.

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W.P.No.17000 of 2019

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Mathematics Degree Certificate; and the valuation of the Degree Certificate should be made in the required form.

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3. The learned counsel for the petitioner had produced copies of the petitioner's B.Sc Degree Certificate together with Marks Statement obtained by her in Bachelor of Science from the University of Mysore along with a Letter dated 24.06.2015 from the University of Mysore, certifying that the petitioner was a Full Time regular student; G.O.(Ms).No.51, Social Welfare and Nutritious Meal Programme (SW1) Department, dated 14.07.2015, which is an extract of the report of the Equivalence Committee, certifying that B.Sc. Degree obtained from the University of Mysore is equivalent to Corresponding Degree of Madras University; a letter of University of Madras dated 14.11.2017, certifying that the petitioner's B.Sc. Degree in Mathematics is considered as equivalent to the Degree of the University of Madras and together with all other relevant documents.

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4. Perusal of these documents would reveal that the Degree obtained

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by the petitioner from the University of Mysore could be equivalent with all the Degree granted by the University of Madras also.

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W.P.No.17000 of 2019

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5. In the impugned proceedings, the third respondent was only asked

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to call upon the petitioner to enclose the necessary documents, together with compliance of the other queries raised.

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6. Since the petitioner is in possession of all the required documents which evidences that her Degree from the University of Mysore is equivalent to the Degree granted by the University of Madras, this Court is of the view that the petitioner can be granted liberty to represent the application in the required format to the third respondent herein, enclosing all the relevant documents. The third respondent in turn, shall forward the petitioner's application to the second respondent within a period of one (1) week from the date of receipt of the petitioner's application and the second respondent shall consider the same within a period of four (4) weeks from the date of receipt of the application from the third respondent.

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7. Since the proceedings impugned in the present Writ Petition only

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remarks for returning the application, no interference is required for the same.

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8. Accordingly, the Writ Petition stands disposed of. No costs.

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Connected miscellaneous petitions are closed.

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10.02.2023

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Speaking/Non-speaking Order Neutral Citation: Yes/No Index: Yes/No Internet: Yes/No

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Sni

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1.The Director of School Education, Government of Tamil Nadu, College Road, Chennai – 600 006.

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2.The District Education Officer, Sathyamangalam Taluk, Erode District – 638 461.

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3.The Block Elementary Education Officer, Thalavadi Panchayat Union, Thalavadi, Erode District – 638 461.

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W.P.No.17000 of 2019

M.S.RAMESH,J.

Sni

W.P.No.17000 of 2019

10.02.2023

https://www.mhc.tn.gov.in/judis

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M.Nagarathna v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.Nagarathna v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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