G BALAMURUGAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE prayer in the Writ Petition is for a Mandamus to direct the respondents to appoint the petitioner as B.T.Assistant/School Assistant in Chemistry in any one of the vacancies available in Government High and Higher Secondary Schools and Municipal High School and Higher Secondary Schools in the State of Tamil Nadu with service and monetary benefits.

(2.) (a)The case of the petitioner is that he passed Higher Secondary School Examination in the year 1996 and then he underwent three years B.Sc., degree course in Industrial Chemistry and passed the said degree in April 1999 through Madurai Kamarajar University and scored 80.92% in B.Sc.degree. Thereafter, he underwent M.Sc.,Chemistry through the same university and passed the Post Graduate Degree in Chemistry in April 2002 with 73.4% and also studied B.Ed.degree course through Madras University and passed the said decree in April 2003 with 70.2%. (b) According to the petitioner, he is a graduate in B.Sc., degree in Industrial Chemistry and studied all the subjects meant for B.Sc., Chemistry with addition of specialiation in Industrial Chemistry. The Madurai Kamarajar University conferred B.Sc., degree in Industrial Chemistry. As per the prospectus issued for the admission into M.Sc., Chemistry, the B.Sc., degree holders in Industrial Chemistry are entitled like other B.Sc., degree holders in Chemistry. Therefore, B.Sc., Industrial Chemistry is equivalent to B.Sc., Chemistry for the appointment to the post of B.T. Assistant in Chemistry. (c) The second respondent issued a notification on 21.10.2003 calling for applications for the post of B.T.Assistant/School Assistant in Chemistry and the said post comes under the Tamilnadu School Education Subordinate Service Rules. In response to the said notification the petitioner applied and sat for examination on 11.1.2004. The Tamilnadu School Education Subordinate Service Rules provide for equivalent degrees to be considered and the B.Sc.,Industrial Chemistry is equivalent to B.Sc., Chemistry. As per the notification the selection will be made as per merit in the written examination. The petitioner wrote the examination with Registration Number G.05080497. The result was published and he scored 88 out of 148. Thereafter, the Teachers Recruitment Board (hereinafter referred to as "the Board") called the petitioner for certificate verification scheduled on 02.4.2004 in Memo.No,809/A2/2003 dated February 2004. Pursuant to the examination, the Board in its communication dated 3.2.2004 published the marks of the candidates who sat for examination wherein it is stated that on the basis of the written examination marks, subject wise list of candidates provisionally selected for the certificate verification is also released with details of roll number and marks obtained and communal turn (List A) and it is also stated that call letters being sent to the candidates for certificate verification. However, the petitioner was not selected on the ground that he studied B.Sc.,Industrial Chemistry and not B.Sc.,Chemistry. On information from the respondent Board he came to know that because the petitioner studied B.Sc., Industrial Chemistry he was not selected, the petitioner applied to the Madurai Kamarajar University to clarify the position whether B.Sc., Industrial Chemistry is equivalent to B.Sc.,Chemistry or not. The said request was replied by the Madurai Kamarajar University stating that B.Sc.,Industrial Chemistry is equivalent to B.Sc.,Chemistry and that the petitioner is eligible for admission to M.Sc., Chemistry. He scored 88 marks whereas the persons who scored 87 marks were selected for the post of B.T.Assistant/School Assistant and they were subsequently issued an order of appointment also. Aggrieved by the action of the respondents, the petitioner has sought for the above relief in this writ petition.

(3.) THE learned counsel for the petitioner specifically contended that the clarification given by the Madurai Kamarajar University from where the petitioner underwent the course of B.Sc.,Industrial Chemistry has clarified the position that B.Sc.,Industrial Chemistry is equivalent to B.Sc.,Chemistry and therefore, the petitioner is eligible to go for admission to M.Sc.,Chemistry. That clarification is relevant for the claim of the petitioner, but the same was not considered by the respondent.