Madurai, Nov 30,2013 : Madras High Court today decided that equivalence certificate for a university course will have retrospective effect from the date on which the degree was issued in terms of a candidate's eligibility for employment. Justices M.Jeychandran, M.Venugopal and T.Raja of Madurai Bench rejected the July last verdict of a division bench that equivalence certificate will have only
prospective effect. The Judges said once the Equivalence Committee decided that a particular degree issued by one university was equivalent to the degree issued by another university, then it should be considered as equivalent from the date on which the degree was issued, and not from the date on which the committee decided or the date from which the government issued the order. The term "equivalent" gives some flexibility and the candidates had come to the last stage after passing the examination conducted by the Teachers' Recruitment Board and others and if their degree had been recognised as equivalent to the degree recognised by the G.O. or the Committee, they should be considered for selection giving retrospective to the term equivalent from the date on which they had received the degree, the full bench of the Madras HC held. Earlier, Justice S Nagamuthu, hearing a connected petition, referred the issue to the Acting Chief Justice for constituting a full bench to decide the issue. Petitioner Nadar Thanga Subha Laxman, who has cleared B.A (English and Communication) from Tamil Nadu Open University and obtained B.Ed., submitted that as per TNOU's equivalence certificate, her basic degree was equivalent to B.A.(English). However, TRB rejected her application for a teacher's post on the ground that her degree was not equivalent to BA English. The single judge had said he had passed several orders granting relief to petitioners seeking appointment based on equivalence certificate, but since the Division bench judgement in another case had been produced, he was not in a position to pass any order.
prospective effect. The Judges said once the Equivalence Committee decided that a particular degree issued by one university was equivalent to the degree issued by another university, then it should be considered as equivalent from the date on which the degree was issued, and not from the date on which the committee decided or the date from which the government issued the order. The term "equivalent" gives some flexibility and the candidates had come to the last stage after passing the examination conducted by the Teachers' Recruitment Board and others and if their degree had been recognised as equivalent to the degree recognised by the G.O. or the Committee, they should be considered for selection giving retrospective to the term equivalent from the date on which they had received the degree, the full bench of the Madras HC held. Earlier, Justice S Nagamuthu, hearing a connected petition, referred the issue to the Acting Chief Justice for constituting a full bench to decide the issue. Petitioner Nadar Thanga Subha Laxman, who has cleared B.A (English and Communication) from Tamil Nadu Open University and obtained B.Ed., submitted that as per TNOU's equivalence certificate, her basic degree was equivalent to B.A.(English). However, TRB rejected her application for a teacher's post on the ground that her degree was not equivalent to BA English. The single judge had said he had passed several orders granting relief to petitioners seeking appointment based on equivalence certificate, but since the Division bench judgement in another case had been produced, he was not in a position to pass any order.
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