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2014 Supreme(Mad) 4188

High Court of Judicature at Madras
M.M. SUNDRESH, J.

T. Sharmila & Others
Versus
The Secretary, Tamilnadu Public Service Commission, Frazer Bridge Road, Chennai
W.P. Nos. 25352 to 25355 of 2013 & M.P. Nos. 1 of 2013
Decided on: 20-11-2014

Advocates Appeared:
For the Petitioners:L. Chandrakumar, Advocate.
For the Respondent:N.S. Nanda Kumar, Advocate (TNPSC).

The crucial date for qualification should be reckoned with respect to the date of the application made, and a technical interpretation should not be given when the candidates were allowed to apply, write the examination, found to be qualified, and called for an interview.

Headnote:

Qualification - Appointment - Combined Subordinate Services Examination-I - Clause 3(B)(a) of Notification No.19A/2012 dated 13.6.2012 - Rule 12-B of the General Rules of Tamilnadu State and Subordinate Service Rules

Fact of the Case:

The petitioners applied for appointment to the Combined Subordinate Services Examination-I for the years 2011-12 and 2012-13. They wrote their examinations prior to the notification, but their results were declared after the publication of the notification. The respondent subsequently rejected their applications based on the timing of their qualification.

Finding of the Court:

The court held that the petitioners were qualified with respect to the degree obtained by them on the date of their application, and the notification did not prohibit a candidate who is otherwise qualified on the date of the application from being considered.

Issues: The main issue was whether the petitioners' applications should be rejected based on the timing of their qualification in relation to the date of the notification.

Ratio Decidendi: The court interpreted Clause 3(B)(a) of the Notification and Rule 12-B of the General Rules to conclude that the crucial date for qualification should be reckoned with respect to the date of the application made, and a technical interpretation should not be given when the petitioners were allowed to apply, write the examination, found to be qualified, and called for an interview.

Final Decision: The writ petitions were allowed, and the respondent was directed to consider the claim of the petitioners for appointment in Combined Subordinate Services Examination-I based upon their performance.

Judgment

1. As the issue involved in all these writ petitions is one and the same, they have been taken up together and disposed of by way of a common order.

2. The petitioners are few of the candidates, who have applied to the respondent for appointment by direct recruitment to the posts included in the Combined Subordinate Services Examination-I for the years 2011-12 and 2012-13. The notification was issued in Notification No.19A/2012 dated 13.6.2012. As per the said notification, applications were invited through online mode upto 13.7.2012. Clause 3(B)(a) of the notification speaks about the educational qualification. It also states that the candidates should possess the qualification on the date of the qualification viz., 13.6.2012. All the petitioners wrote their examinations much prior to the notification. However, they got their results declared on 27.6.2012 – after the publication notification. After their results were declared the petitioners applied online before the expiry of the last date i.e., 13.7.2012. They were permitted to write the written Examination. It is not in dispute that they scored high marks. They were also called for the interview. However, by a subsequent decision in pursuant to the meeting held on 6.11.2013 the respondent made a decision to reject the applications of the petitioners on the ground that the petitioners' result having been declared after the date of the notification their applications should be rejected. Seeking a direction to the respondent to consider the claim of the petitioners for appointment by accepting the Degree Qualification as satisfying the educational qualification and well within the cut-off date the present writ petitions have been filed.

3. Mr.L.Chandrakumar, learned counsel appearing for the petitioners submitted that what is relevant is the qualification per se. Admittedly the petitioners have acquired the qualification much prior to the date of applications made by them. They wrote the examination prior to the notification. When once the results were published it will relate back to the date of notification. The petitioners are highly qualified and they have been selected on merit. Therefore, the petitioners will have to be considered for appointment. In support of his contention, learned counsel made reliance upon the Order passed by this Court in W.P.No.18573 of 2010 dated 2.9.2010, wherein it has been held as follows:

''4. The stand taken by the respondents in the counter affidavit is that to be eligible for consideration for promotion to the post of Graduate Assistant, one must have obtained the requisite qualifications as on 01.01.2010. According to the respondents, the petitioner is not eligible for consideration as on 01.01.2010, since he did not qualify before the said date.

5. But, the above stand of the respondents is actually fallacious. The acquisition of educational qualification would always be with reference to the date on which the last examination was taken by the candidate. In this writ petition, there is no denial of the fact that the petitioner wrote the qualifying Examination in December 2009, but the results were published only in May 2010. The moment results are published, they would relate back to the date of the lst Examination. Therefore, the stand taken by the respondents that the petitioner should have actually obtained the degree before 01.01.2010 is not sustainable.

6. In view of the above, this writ petition is allowed, directing the respondents to consider the petitioner as eligible for recruitment to the post of Graduate Assistant, provided all other conditions are satisfied. There shall be no order as to costs. Consequently, M.P.Nos.1 and 2 of 2010 are closed.''

4. Per contra, Mr.N.S.Nandakumar, learned counsel appearing for the respondent submitted that the notification governs the case on hand. Though the petitioners completed their degree on 27.6.2012, the crucial date is the qualification as on the date of the notification, whi







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