Pandiammal Vs The State of Tamil Nadu

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus to direct the respondents 2 to 6 to issue forthwith the appointment order to the petitioner in the post BT Assistant (Science) at Panchayat Union Middle School, Aangivanoor, Thirumanur Union, Arivalur District or in any other school, as per her selection in pursuant to the recruitment Notification No. 03/2023 dated 25.10.2023 issued by the fourth respondent, Teachers Recruitment Board, with all benefits on par with the similarly placed person as per her merit.

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For Petitioner : Mr.K.Ragatheesh for M/s.Isaac Chambers For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R3, R5 & R6 Mr.T.Ajmal Khan Government Advocate for R4

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O R D E R

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This Writ Petition has been filed for a Writ of Mandamus to direct

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the respondents 2 to 6 to issue forthwith the appointment order to the petitioner for the post B.T.Assistant (Science) at Panchayat Union Middle School, Aangivanoor, Thirumanur Union, Arivalur District or in

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any other school, as per her selection, pursuant to the recruitment Notification No. 03/2023 dated 25.10.2023 issued by the fourth respondent, Teachers Recruitment Board, with all benefits on par with the similarly placed person as per her merit.

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The learned counsel for the petitioner would submit that the fourth respondent had issued notification in the year 2022 for conducting the Teacher Eligibility Test (TET). The State Government had also, vide G.O.(Ms).No.72, Higher Education (K2) Department, dated 30.04.2013, declared that the degree in Micro Biology is equivalent to Botany/Zoology for teaching purposes at the school education level. The petitioner had also cleared TET examination in the year 2023. The fourth respondent had issued a notification inviting applications for the post of Graduate Teachers/Block Resource Teacher Educators (BRTE). Even under the said notification, a reference has been made to the equivalence of degrees obtained by the candidates as enlisted in Annexure-IV to the notification. Annexure-IV also included the Government Order in G.O. (Ms).No.72, dated 30.04.2013 evidencing that the degree in Micro Biology is equivalent to the degree in Botany/Zoology for the purpose of appointment to the post of Graduate Teachers. The petitioner had 3/10

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successfully cleared examinations and her name was also included in the provisional list published by the fourth respondent on 09.04.2025.

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The learned counsel for the petitioner would further submit that

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the petitioner had also attended certificate verification and successfully completed the said process on 30.05.2024. The petitioner had received a call from the office of the third respondent informing that the petitioner had been posted as B.T. Assistant (Science) to Panchayat Union Middle School, Angiyanoor, Ariyalur District. When the petitioner had appeared before the sixth respondent along with documents, to shock and surprise, the sixth respondent had orally informed the petitioner that in view of the subsequent Government Order in G.O.(Ms) No.100, Higher Education (K1) Department, dated 29.05.2025, it had been held that B.Sc (Micro Biology) is not equivalent to B.Sc. (Zoology) and therefore, refused to issue a posting order. Such conduct of the sixth respondent in not issuing posting order goes contrary to the notification which had envisaged that the B.Sc (Micro Biology) is equivalent to the B.Sc (Botany) / B.Sc (Zoology). Therefore, the petitioner prays this Court to issue mandamus to forthwith issue an appointment order to the petitioner to the post of

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B.T. Assistant (Science) at Panchayat Union Middle School at Aangivanoor, Thirumanur Union, Arivalur District.

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Countering the arguments, learned counsel for the fourth respondent would contend that even though the petitioner had been successful in the written examination, the Government had issued G.O.Ms.No.100, dated 29.05.2025 holding that in public service, B.Sc (Micro Biology) awarded by the Madurai Kamaraj University had been held to be not equivalent to B.Sc. (Zoology). Since the petitioner's degree in Micro Biology had been awarded by the Madurai Kamaraj University, the same cannot be treated as equivalent. Such notification was issued before the orders of appointment that would be issued to the petitioner. Therefore, he would submit that the petitioner cannot be granted an order of appointment.

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The learned counsel appearing for the respondents 1 to 3, 5 and 6 would submit that the claim made by the petitioner that there has been a call from the authorities to intimate that the petitioner had been posted at the particular place is false, as the authorities do not call upon the candidates informing that they have been posted at the place. Orders of

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posting would be given to the candidates if they are fully qualified. Hence, he would submit that the allegations made against the third and sixth respondents are an imaginary and concocted story that is created by the petitioner and therefore, he prays this Court to dismiss the Writ Petition.

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I have carefully considered the submissions made by the learned counsel appearing on either side and perused the material available on record.

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It is an admitted case that the petitioner had successfully cleared the recruitment process. The reason for not granting the posting order is with reference to Government Order, which came to be issued on 29.05.2025. It is to be noted that the recruitment notification had been issued in the year 2023, wherein the Government Order in G.O.(Ms).No. 72 of Higher Education (K2) Department, dated 30.04.2013 had been included in Annexure-IV of the notification as regards the equivalence of degrees of candidates to other degrees. B.Sc (Micro Biology) had been declared to be equivalent to B.Sc (Botany)/ B.Sc. (Zoology) under the aforesaid order. It is not disputed that the petitioner had been granted the

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degree of B.Sc. (Micro Biology) from the Madurai Kamaraj University. Having invited the applications on the notification issued, the petitioner cannot be heard to say that under subsequent notification, the petitioner becomes ineligible. It had been again and again reiterated by the Hon'ble Apex Court and this Court that the Rules, which should be followed in the recruitment process, cannot be changed in midway.

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In the present case, the petitioner had been declared to have cleared the written examinations as early as in the year 2024 and has also been called for certificate verification on 30.05.2024. The provisional list of candidates was also declared on 09.04.2025, wherein the petitioner's name has also been included. Therefore, the petitioner should not have been, based on the subsequent G.O., which was issued after publishing the list of selected candidates, put against the petitioner to deny her appointment. It is also to be noted that subsequent notification had only declared that B.Sc. (Micro Biology) issued by the Madurai Kamaraj University is not to be equivalent only to B.Sc (Zoology). Therefore, even assuming that the said certificate of equivalence can be applied to earlier declaration, B.Sc. (Micro Biology) equivalent to B.Sc. (Botany) would still hold good. Therefore, the petitioner is eligible to be 7/10

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appointed in any vacancy of the Panchayat Union School for which the notification has been issued. Even though the petitioner claims that she had been orally given a posting, the same had not been substantiated by the petitioner in the manner known to law and the respondents have also disputed such oral posting orders.

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For the aforesaid reasons, this Writ Petition is allowed and therefore, there shall be a direction to the respondents to accommodate the petitioner in any of the Panchayat Union School as per the vacancy and she shall be placed in the appropriate seniority based on the merits above the immediate juniors. Such exercise shall be carried on by the respondents within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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07.11.2025

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NCC:yes/no Index:yes/no Internet:yes/no apd

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