LAWS(MAD)-2018-7-178

P JOHNSON Vs. STATE OF TAMIL NADU, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT

Decided On July 05, 2018
P Johnson Appellant
V/S
State Of Tamil Nadu, Rep By Its Principal Secretary To Government, Higher Education Department Respondents

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the fourth respondent not to insist the petitioner to provide the G.O. that B.E. Mechatronis Engineering awarded by the third respondent Anna University is equivalent to B.E. Mechanical Engineering, at the time of Certificate verification for the post of (Direct Recruitment in CMWSSB-2017) Assistant Engineer AE (Civil Engineering/Mechanical Engineering) and consequently direct the fourth respondent to appoint the petitioner if he is otherwise qualified for the said post.

(2.) It is the case of the petitioner that he is possessing B.E. Mechatronics Engineering with First Class awarded by the third respondent-Anna University. On being eligible for the post of Assistant Engineer in the fourth respondent-CMWSSB, the petitioner applied for the same and he was called for certificate verification and the petitioner was insisted to provide the G.O. that B.E. Mechantronis Engineering is equivalent to B.E. Mechanical Engineering. Since the petitioner could not produce the G.O., he was not appointed to the said post. Hence, the petitioner has filed the above Writ Petition for the relief stated supra.

(3.) Learned counsel for the petitioner relied on an order of this Court, dated 13.06.2018 passed in W.P.No.28840 of 2017 etc. batch cases, which is not applicable to the facts of the present case on hand, as the petitioner in that case, in W.P.No.28840 of 2017, wanted that without insisting on equivalence G.O., the petitioner therein wanted to hold that the subject Remote Sensing is equal to Electronics and Communication Engineering. In the said order, in paragraph 6, the learned Judge has referred to one of the Writ Petitions in that batch of cases, filed by one Mrs.C.Mogana Priya in W.P.No.27391 of 2017, wherein the prayer was to quash the order passed by the first respondent/Secretary to Government, Higher Education (J1) Department, Chennai in G.O.Ms.No.217, Higher Education (J1) Department, dated 24.07.2015 as contrary to AICTE Norms insofar as it holds that B.E. Mechatronics Engineering is not equivalent to B.E. Mechanical Engineering and to direct the second respondent therein not to insist on an equivalence G.O. of the first respondent therein holding that B.E. Mechatronics Engineering awarded by Anna University is equivalent to B.E. Mechanical Engineering at the time of conducting certificate verification of the petitioner therein based on the application submitted by the petitioner pursuant to the Notification No.06/2017, dated 28.07.2017, issued by the second respondent therein for the post of Lecturer in Mechanical Engineering. The relevant portion of the said order in the said batch of cases cases, reads as follows: