Case Note & Summary
This intra-court writ appeal was filed under Clause 15 of Letters Patent by H. Risuwanabegam challenging the order dated 15.02.2024 passed by a Single Judge in W.P. No. 21415 of 2022. The appellant had sought to set aside the rejection of her candidature for the post of Lecturer in Government Polytechnic Colleges and Special Institutions (Engineering/Non-Engineering) in Tamil Nadu Educational Service. The recruitment notification was dated 27.11.2019, and the appellant applied holding a B.E. degree in Aeronautical Engineering and an M.E. degree in Thermal Engineering. Her application was rejected on the ground that her B.E. degree was not equivalent to Mechanical Engineering, which was the prescribed qualification. The appellant contended that both Aeronautical Engineering and Thermal Engineering fall under the Department of Mechanical Engineering and should therefore be treated as equivalent. The Single Judge dismissed the writ petition, leading to the present appeal. The Division Bench noted that the grant of equivalence between degrees for public employment is a function of the Government, based on the recommendations of the Equivalent Committee. The Court emphasized that in the absence of any government order declaring equivalence, it cannot, in exercise of judicial review, hold the degrees to be equivalent. The Court relied on G.O. No. 270, Higher Education Department dated 03.12.2019, which specifically stated that B.E. Aeronautical Engineering is not equivalent to Mechanical Engineering. Additionally, the appellant's post-graduate degree in Thermal Engineering did not qualify her for weightage marks as her graduate degree was not equivalent. Crucially, the cut-off mark for the BCM(W) category was 69.43575, while the appellant scored only 67.06788, placing her outside the zone of consideration. Concurring with the Single Judge's reasoning, the Division Bench dismissed the appeal with no costs and closed the connected miscellaneous petition.
Headnote
A) Administrative Law - Equivalence of Educational Qualifications - Judicial Review - Constitution of India, 1950, Article 226 - The issue pertained to whether a B.E. degree in Aeronautical Engineering could be held equivalent to Mechanical Engineering for recruitment as Lecturer. The Court held that equivalence of degrees for public employment is a matter for the Government upon recommendation of the Equivalent Committee; courts in judicial review cannot independently declare equivalence. Held, the appeal was dismissed as the appellant did not meet eligibility criteria and cut-off marks. (Paras 5-7)
Issue of Consideration
Whether B.E. degree in Aeronautical Engineering and M.E. degree in Thermal Engineering can be held equivalent to Mechanical Engineering for recruitment to the post of Lecturer in Government Polytechnic Colleges.
Final Decision
The Writ Appeal stands dismissed. No costs. The connected miscellaneous petition is closed. The Court held that equivalence cannot be determined by judicial review; the Government has not granted equivalence; the appellant's B.E. degree is not equivalent to Mechanical Engineering; the appellant also did not score the required cut-off marks. Hence, appeal dismissed.
Law Points
- Legal points not extracted
- Equivalence of degrees is to be awarded by the Government based on recommendations of the Equivalent Committee
- Courts in judicial review cannot independently declare equivalence
- Candidate not meeting cut-off marks cannot be considered for selection
- Mere departmental affiliation does not establish equivalence
