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2017 Supreme(Mad) 3309

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
V. Madhavan Babu - Petitioner
Versus
The Secretary, Tamil Nadu Public Service Commission - Respondents
W.P. No. 22796 of 2010
Decided On : 04-12-2017

Advocates Appeared:
For the Petitioner:R. Sankarasubbu, Advocate.
For the Respondents:Dr. M. Devendran, Advocate.

Compliance with prescribed qualifications and verification of experience certificates is crucial for recruitment to government positions.

Headnote:

Motor Vehicle Inspector - Recruitment Qualifications - [Motor Vehicles Act, 1988, Section 213(1)] - The court discussed the qualifications required for the post of Motor Vehicle Inspector Grade-II and Grade-I as per the notification issued by the respondent. The court highlighted the specific educational qualifications, practical experience, and workshop approvals necessary for the position. The decision was influenced by the interpretation of the prescribed qualifications and the verification process of the experience certificates.

Fact of the Case:

The petitioner sought a direction to consider his representation for the declaration of results for the Motor Vehicles Inspector Grade-II Examination. The respondent rejected the petitioner's application based on the verification of his workshop experience certificates.

Finding of the Court:

The court found that the petitioner's workshop experience did not meet the prescribed qualifications, leading to the rejection of his application. The relief sought by the petitioner was deemed to have no merit consideration, and the writ petition was dismissed.

Issues: Verification of workshop experience certificates and compliance with prescribed qualifications for the post of Motor Vehicle Inspector Grade-II and Grade-I.

Ratio Decidendi: The decision to reject the petitioner's application was based on the discrepancy between the prescribed qualifications and the workshop experience possessed by the petitioner. The court upheld the respondent's decision due to the lack of compliance with the specified requirements.

Final Decision: The writ petition was dismissed with no order as to costs.

JUDGMENT :

1. The relief sought for in this writ petition is for a direction to the respondent to consider the representation of the petitioner dated 27.09.2010 by declaring the results for the post of Motor Vehicles Inspector Grade-II Examination held on 24.5.2009.

2. The learned counsel appearing for the writ petitioner states that the writ petitioner is a Graduate in Mechanical Engineering and completed the degree in the year 1998 in Annamalai University and further, he completed P.G.Diploma in Automobile Maintenance and worked as Supervisor in VST Service Station, Cuddalore for a period of three years from 02.05.2005 to 24.03.2009. The writ petitioner submitted an application pursuant to the notification issued by the respondent for recruitment to the post of Motor Vehicle Inspector Grade-II and Grade-I. Though the writ petitioner has participated in the process of selection, his results were not declared by the respondent. Due to the same, he was constrained to move this writ petition under Article 226 of the Constitution of India, for a direction to the respondent to consider his representation dated 27.09.2010 for the declaration of his results.

3. The learned counsel appearing on behalf of the respondent states that the writ petitioner, no doubt had submitted his application for recruitment to the post of Motor Vehicle Inspector Grade-II and Grade-I and participated in the process of selection, the education and other qualifications prescribed in Paragraph.4(B) of the notification as under:

“4(B). “Candidates should possess the following or its equivalent qualifications on the date of this Notification. Viz.24.02.2009.

(I) Minimum General Educational Qualification (as defined in paragraph 7 of Commission's “Instructions. Etc to Candidates”).

AND

(II) A Diploma in Automobile Engineering (3 years course) or a Diploma in Mechanical Engineering (3 years course) awarded by the State Board of Technical Education and Training, Tamil Nadu.

AND

(III) Experience of having worked for a period of not less than one year both on vehicles fitted with Petrol Engines and Vehicles fitted with Diesel Engines on a full time basis in an Automobile workshop which undertakes repairs of Light Motor Vehicles, Heavy Goods Vehicles and Heavy Passenger Motor Vehicles.

AND

(IV) Must hold a Driving License Authorizing him to drive Motor Cycle Heavy Goods Vehicles and Heavy Passenger Motor Vehicles.

AND

(V) Must have experience in driving Heavy Transport Vehicles for a period of not less than six months.

Provided that other things being equal, preference shall be given to those who possess Post Diploma in Automobile Engineering awarded by the State Board of Technical Education and Training, Tamil Nadu.

(Details regarding equivalence of qualifications are given in paragraph 9 of the Commission's Instructions etc. to candidates')

EXPLANATION:- “Automobile workshop” shall mean

(A) An Automobile workshop owned by the Government or the State Transport Corporation.

OR

(B) An Automobile workshop recognized or approved or certified by the Transport Commissioner or the Director, Motor Vehicles Maintenance Department for carrying out all kinds of repairs.”

4. The written examination was conducted on 24.05.2009 at Chennai and the oral test was conducted on 07.10.2010 and on 08.10.2010. The list of selected candidates was drawn up based on the marks obtained by the candidates in the written examination and the oral test taken together and with reference to the rule of reservation for appointments. Thereafter, the application of all the candidates including that of the petitioner were subjected for scrutiny, more specifically, in respect of educational qualifications, practical experience etc., possessed by the respective candidates. The claims of the candidates with regard to the practical experience, the same were referred to the Transport Commissioner, Chennai-5 for verification and to authenticate the genuinity and the validity of the experience certificates produced by the re








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