S.No.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, MOHAMMED SHAFFIQ, JJ.
P. Krishnakumar - Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of Human Resources Management, Chennai & Others - Respondent
W.A. No. 237 of 2022 & C.M.P. No. 1711 of 2022
Decided On : 06-06-2022
Graduate Engineers - Eligibility for Junior Draughting Officer and Junior Engineer posts - Section 25, Section 68 - The court discussed the conflict between the Special Rules and Section 25(b) of the Act, the amendment to the educational qualifications, and the interpretation of the fiction under Section 25(b) of the Act. The court found that the fiction under Section 25(b) was not nullified by the amendment to the Special Rules and that the rule making authority did not intend to exclude Engineers while prescribing the educational qualification as Diploma holders.
Fact of the Case:
The appellant, who had a Diploma in Civil Engineering, challenged the consideration of Engineering Graduates for the posts of Junior Draughting Officer and Junior Engineer. The appellant argued that the Special Service Rules prescribed only Diploma as the eligible qualification and the inclusion of Graduate Engineers would be illegal.
Finding of the Court:
The court found that the issue was covered by a previous Division Bench judgment and rejected the appellant's challenge. The court also held that the fiction under Section 25(b) of the Act was not nullified by the amendment to the Special Rules and that the rule making authority did not intend to exclude Engineers while prescribing the educational qualification as Diploma holders.
Issues: The issues included the conflict between the Special Rules and Section 25(b) of the Act, the amendment to the educational qualifications, and the intention of the rule making authority in prescribing the qualifications.
Ratio Decidendi: The court's decision was based on the interpretation of the fiction under Section 25(b) of the Act, the lack of nullification of the fiction by the amendment to the Special Rules, and the rule making authority's intention in prescribing the qualifications.
Final Decision: The Writ Appeal was dismissed, and the court found no merit in the appellant's challenge.
JUDGMENT
(Prayer: Writ appeal is filed under Clause 15 of the Letter Patents Act praying to set aside the order dated 08.12.2021 in W.P.No.19146 of 2021 and consequently direct the 2nd respondent herein not to consider candidates with qualification of Bachelors of Engineering ( civil Engineering) ( direct Entry) (10+2+4) for the post of Junior Draughting Officer ( Highways Department & PWD Department) & Junior Engineer ( Fisheries) notified under the Recruitment notification in Notification No.06/2020 issued by the 2nd respondent under Advertisement No.581 dated 05.03.2021.)
S. Vaidyanathan, J. & Mohammed Shaffiq, J.
1. This intra-court appeal is filed against the order of the learned Single Judge in W.P.No.19146 of 2021 dated 12.08.2021 insofar as the learned Single Judge held that Graduate Engineers are also eligible to apply for the posts of Junior Draughting Officer (Highways Department and PWD) and Junior Engineer (Fisheries Department) covered under notification/ advertisement dated 05.03.2021.
2. Brief facts:
2.1. The Tamil Nadu Public Service Commission (hereinafter referred to as "TNPSC") invited applications from eligible candidates for the posts of Combined Engineering Services Cadre through advertisement dated 05.03.2021. The Junior Draughting Officer (Highways Department and PWD) and Junior Engineer (Fisheries Department) were amongst the posts with regard to which notification was issued inviting application for the said posts. Importantly, the notification prescribed Diploma in the subject concerned as being eligible qualification. A note was appended to the said clause which also includes Bachelor's Degree Course as being eligible. The relevant portions of the said Advertisement No.581 in Notification No.06/2021 dated 05.03.2021 prescribing the educational qualification reads as under:
| S.No. | Name of the Post | Educational Qualification |
|---|---|---|
| 1 | Junior Draughting Officer | A Diploma in Civil Engineering or its equivalent from any University or Institution awarded by the State Board of Technical Education and Training of the concerned State Government; |
| 2 | Junior Draughting Officer( Public Works Department) | Diploma in Civil Engineering awarded by the State Board of Technical Education and Training TamilNadu or its equivalent qualification recognized by Director General of Employment and Training. Government of India or by the All India Council for Technical Education or Diploma in Architectural Assitantship awarded by the State Board of Technical Education and Training, Tamil Nadu or its equivalent qualification recognized by Director General of Employment and Training, Government of India or by the All India council for Technical Education. |
| 3 | Junior Engineer (Fisheries Department) | Must possess Diploma in Civil Engineering |
Note:
(i) The educational qualification prescribed for these posts should have been obtained by passing the required qualification in the following order of studies viz., 10th + Diploma Course (10+3) or 10th + HSC + Diploma Course (10+2+2) or 10th + HSC + Bachelors Degree Course (10+2+4).
2.2. The appellant had obtained Diploma in Civil Engineering and thus eligible to apply in terms of the above notification for the posts of Junior Draughting Officer (Highways Department and PWD) and Junior Engineer (Fisheries Department). However, the appellant found that Engineering Graduates were applying and being considered for appointment.
3. Aggrieved by the consideration of the Engineering G
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