ORDER :

UPON hearing the counsel the Court made the following order:

1. Delay condoned.

2. Heard Mr.R.Balasubramaniam, learned senior counsel appearing for the petitioner. Also heard Mr.P.Wilson, learned senior counsel appearing for the respondents.

3. The petitioner was an aspirant and responded to the notice for direct recruitment issued on 15.12.2008 by the Tamil Nadu Public Service Commission. This was a process of recruitment to Group-I services category. The Notification contains details of essential educational qualification and so far as the petitioner is concerned he had obtained post graduate degree from the open university without however pursuing any under graduate course.

4. The issue to be considered is whether post graduate degree obtained from Open University without undergoing the basic graduation course is acceptable as the requisite qualification for offering candidature, in response to the notification dated 15.12.2008 of the Tamil Nadu Public Service Commission.

5. The High Court in the impugned judgment referred to in N.Ramesh v. Sibi Madan Gabriel reported in (2008)3 MLJ 255 and held that post graduate degree obtained through Open University without undergoing basic degree is not acceptable. The decision of the High Court was upheld by this Court in Annamalai University v. Secretary to Government , Information and Tourism Department reported in 2009(4) SCC 590.

6. Adverting to the aforesaid ratio laid down by this Court, the High Court in the impugned decision held that a candidate who obtained post graduate degree would be considered valid only if the said degree is obtained after undergoing the basic degree course.

7. On the above aspect, the petitioner is emphasizing on the memorandum dated 12.08.2009 (annexure P6) but we have examined the memorandum and find that the same would not confer any benefit on candidates such as petitioner, who had obtained post graduate qualification without undergoing the basic degree course.

8. In the aforesaid circumstances, we are of considered opinion that the impugned judgment does not suffer from any infirmity and accordingly the Special Leave Petitions stand dismissed.

9. Pending application(s), if any, shall stand disposed of.