Full bench order IN THE HIGH COURT OF JUDICATURE AT MADRAS ( Special Original Jurisdiction ) Monday, the Twenty Sixth day of April Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE V.BHARATHIDASAN and THE HON`BLE MR JUSTICE M.DHANDAPANI and THE HON`BLE MS.JUSTICE P.T.ASHA WP.Nos.2807 of 2014 WP.No.16871 of 2020 and WMP.No.20930 of 2020 WP.No.25698 of 2017 and WMP.No.27170 of 2017

[5/19, 11:03] Sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Monday, the Twenty Sixth day of April Two Thousand Twenty One
PRESENT
THE HON`BLE MR JUSTICE V.BHARATHIDASAN
and
THE HON`BLE MR JUSTICE M.DHANDAPANI
and
THE HON`BLE MS.JUSTICE P.T.ASHA
WP.Nos.2807 of 2014
WP.No.16871 of 2020 and WMP.No.20930 of 2020
WP.No.25698 of 2017 and WMP.No.27170 of 2017
R.CHITRA … PETITIONER in WP No.2807 of 2014
S.RAMYA … PETITIONER in WP No.16871 of 2020
MRS.J.SUDHA … PETITIONER in WP No.25698 of 2017
Vs
1 MEMBER SECRETARY … RESPONDENT in WP No.2807 of 2014
GOVERNMENT OF TAMILNADU TEACHERS
RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH
MALIGAI DPI COMPOUND COLLEGE ROAD
CHENNAI- 6
2 TH UNIVERSITY GRANTS COMMISSION(UGC)
REP BY ITS SECRETARY BAHADUR SHAH
ZAFAR MARG NEW DELHI-110 002
R2-SUO MOTU IMPLEADED AS PER COURT ORDER DT.08.10.2018
BY TSSJ, VBSJ AND PTAJ IN WP.2807/14
1 THE TEACHERS RECRUITMENT BOARD … RESPONDENT in WP No.25698/17
REP BY ITS CHAIRMAN DPI
CAMPUS CHENNAI-06
2 TAMIL NADU TEACHER
EDUCATION UNIVERSITY REP BY ITS REGISTRAR
KAMARAJAR SALAI CHENNAI-05
https://www.mhc.tn.gov.in/judis/
[5/19, 11:04] Sekarreporter1: 4 WMP No.27170 of 2017
to direct the 1st and 4th respondents to keep one post of PG
Assistant in English in any one of the Government Higher Secondary
Schools under the control of the 4th respondent
4 WMP No.27170 of 2017
To grant ad interim direction directing the 2nd respondent to keep
one post of PG Assistant in English vacant for the petitioner
Order : These petitions coming on this day for hearing upon
perusing the petitions and the respective affidavits filed in
support thereof and upon hearing the arguments of M/S.B.VIJAY,
Advocate for the petitioner in WP.No.2807/2014 and of M.RAJAMANI,
Advocate for the petitioner in WP.No.16871/2020 and of
M/S.K.ELANGO, Advocate for the petitioner in WP.No.25698/2017 and
of MRS.NARMADHA SAMPATH, Additional Advocate General Assisted by
M/S.C.MUNUSAMY, Special Government Pleader for the 1
st respondent in
WP.No.2807/2014 and 2 & 4 respondents in WP.No.25698/2017 and of
MR.R.RABU MANOHAR, Senior Panel Counsel for the 2
nd respondent in
WP.No.2807/2014 and of M/S.V.JAYAPRAKASH NARAYANAN, Special
Government Pleader for the 1
st respondent in WP.No.25698/2017 and
of the Court made the following order:-
The question that has been referred to this Full Bench
for answer is as follows:-
“Whether two degrees (dual degrees) obtained
simultaneously during the same academic year, can be
considered for employment purpose, particularly, for
being selected to a post under The Tamil Nadu Higher
Secondary Education Service?”
2. Divergent views on the subject having been taken by two
different Division Benches of this court forms the genesis for
reference of the question to the larger bench. Let us now go into
the factual background which led to the reference.
(i) One S.Jagadeeswari’s candidature to the post of Post
Graduate Assistant was not favourably considered by the Teacher’s
Recruitment Board on the ground that she had pursued her B.Ed.,
Degree simultaneously while pursuing B.A. in English Literature.
Therefore, aggrieved by the rejection of her candidature, she had
approached this court by way of a writ petition in W.P.No.30299 of
2012 which was dismissed by a learned single Judge on 02.04.2013
and on appeal, a Division Bench of this court by an order dated
07.01.2014 in W.A.No.845 of 2013, dismissed the writ appeal,
holding that two degrees obtained simultaneous in the same academic
year, one through open university and another in the regular stream
was not recognized by the University of Madras, therefore, the
petitioner could not seek a direction to the respondents to select
her and appoint to the post of P.G. Assistant. The concluding
portions of the judgement of the Division Bench read as follows:-
https://www.mhc.tn.gov.in/judis/
[5/19, 11:04] Sekarreporter1: recommendatory value. As stated earlier, unless and until, the UGC
recognizes such degree courses, there is no obligation on the part
of the university or the employers / recruiting agencies to
recognize such degree courses in the absence of any such rules in
this regard. Thus, we are in agreement with the law laid down by
the Division Bench in B.Jagadeeswari v. The Chairman, Teachers
Recruitment Board, Chennai [W.A.No.845 of 2013 dated 07.01.2014.
For the reasons already discussed by us hereinabove, we are not in
agreement with the judgement rendered by the latter Division Bench
in The Secretary, School Education Department, Fort St. George,
Chennai and 2 others v. L.Kavitha [W.A.No.1098 of 2012 dated
24.06.2016] as it did not lay down the correct law.
31. This Reference is answered accordingly. The Registry is
directed to list the writ petitions before the concerned learned
Judge dealing with the subject matter as per roster and it is for
the learned Judge to decide the issue(s) involved in the writ
petitions on its own merits and in accordance with law.
-sd/-
26/04/2021
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras – 600 104.
TO
1 MEMBER SECRETARY
GOVERNMENT OF TAMILNADU, TEACHERS
RECRUITMENT BOARD, 4TH FLOOR, EVK SAMPATH
MALIGAI, DPI COMPOUND, COLLEGE ROAD, CHENNAI-6
2 THE SECRETARY,
THE UNIVERSITY GRANTS COMMISSION(UGC),
BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002
3 THE CHAIRMAN
THE TEACHERS RECRUITMENT BOARD
DPI CAMPUS CHENNAI-06
4 THE REGISTRAR
TAMIL NADU TEACHER EDUCATION UNIVERSITY
KAMARAJAR SALAI CHENNAI-05
5 THE DIRECTOR OF SCHOOL
EDUCATION DPI CAMPUS CHENNAI-06
6 THE PRINCIPAL SECRETARY
GOVERNMENT OF TAMIL NADU EDUCATION
DEPARTMENT SECRETARIAT CHENNAI 09 https://www.mhc.tn.gov.in/judis/