P.Jayachandran Vs The Principal Secretary to the Government

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to constitute the Equivalence Committee to decide the equivalence of the B.P.Ed., Degree awarded by the second respondent University by consider the representation of the petitioner dated 16.02.2026 in accordance with the order passed by this Court in W.P(MD)No.286 of 2026 dated 04.02.2026.

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For Petitioner : Mr.T.Aswin Raja Simman For R1, R3 to R5 : Mr.N.Sathish Kumar Additional Government Pleader For R2 : Mr.V.Karthik Raja for M/s.Ajmal Associates

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ORDER

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The present writ petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to constitute an Equivalence Committee to determine the equivalence of the B.P.Ed. degree awarded by the second respondent University, by considering the petitioner’s representation dated 16.02.2026.

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W.P(MD)No.8571 of 2026

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2. Mr. N. Sathish Kumar, learned Additional Government

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Pleader, takes notice for respondents 1 and 3 to 6, and Mr. V. Karthik Raja, learned counsel, takes notice for the second respondent.

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3.By consent of both parties, the writ petition is taken up for

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final disposal at the stage of admission.

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4. The petitioner was originally appointed as a Record Clerk in MAVMM Higher Secondary School and has presently been promoted to the post of Physical Education Teacher based on his B.P.Ed. degree awarded by the second respondent University. However, in the absence of an equivalence, Government Order issued by the State Government, the competent authority rejected the proposal submitted by the School Management seeking approval of the promotion, on the ground that the B.P.Ed. degree is not stipulated as a required qualification under the Tamil Nadu Private Schools Regulation Rules, 2023. Thereafter, the School Management filed a writ petition in W.P.(MD) No. 286 of 2026 before this Court. This Court, after considering the rival submissions, by order dated 04.02.2026, held as follows:-

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W.P(MD)No.8571 of 2026

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“7. Since the above Rule itself permits and equivalent qualification to be considered, the issue of whether the petitioner's qualification is equal to the Certificate/Diploma in Physical Education shall be referred to an Equivalence Committee by the respondents. On the basis of the decision of the Equivalance Committee, the proposal of the petitioner school shall be reconsidered.”

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However, this Court did not prescribe any time limit for considering the same. The petitioner is now aggrieved that, as the issue of equivalence has not been decided, he is unable to progress in his employment due to the lack of approval. Hence, the present writ petition has been filed.

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The learned Additional Government Pleader appearing for respondents 1 and 3 to 5 submitted that the appropriate authority is the Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai–9; however, the said authority has not been impleaded in the writ petition. Accordingly, the Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai–9, is suo motu impleaded as the sixth respondent in this writ petition.

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W.P(MD)No.8571 of 2026

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Considering the above, the sixth respondent is directed to

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consider the petitioner’s representation dated 16.02.2026 and pass orders in light of the order passed by this Court in W.P.(MD) No. 286 of 2026, dated 04.02.2026. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

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