The validity of the Degree commences from the date of acquisition and relief cannot be denied based on the date of issue of employment notification.

JUDGMENT

(Prayer: Writ appeal is filed under Clause 15 of the Letter Patents Act praying to set aside the order dated 02.08.2013 made in W.P.No.18166 of 2012 and consequently allow the writ petition and declare that the appellant is deemed to have been selected and appointed as Assistant in the Registration Department based on his written marks on par with an Ex-Serviceman who has secured lower merit than the appellant.)

S. Vaidyanathan, J. & Mohammed Shaffiq, J.

1. The present Writ appeal is filed challenging the Order of the learned Single Judge dismissing the Writ petition as having become infructuous on the premise that selected candidates have been recruited and appointed in the respective posts.

2. The petitioner had completed his 10th standard in the year 1980 and had completed his higher secondary/ +2 in the year 1982 as would be evident from the certificates dated 30.05.1980 and 10.06.1982 respectively. The petitioner had been in service for 22 years with the Indian Army and was issued with a Graduation Certificate on retirement in the year 2009 . The said Graduation certificate was issued in terms of notification of Union of India in 15012/8/82/Est (D) in terms of Rule 6(4) of the Ex-serviceman (Re-employment Central Civil Service & Post Rules, 1979). The said rules provided that the Graduate certificate would be issued to Ex-serviceman who had successfully completed their matriculation or higher secondary class and had put in more than 15 years of service in Army or Air Force or Navy.

The said sub-rule (4) to Rule 6 of the Ex-service men (Re-employment Central Civil Service & Post Rules), 1979, reads as under:

“(4) For appointment to any reserved vacancy in Group C posts, a matriculate Ex-Servicemen (Which term includes an ex-service men, who has obtained the Indian Army Special Certificate of Education of the Corresponding Certificate in the Navy or the Air-Force), who has put in not less than 15 years of service in the Armed Forces of the Union may be Considered eligible for appointment to the posts for which the essential educational qualification prescribed is graduation and where,

(a) Work Experience of technical or professional nature is not essential; or

(b) Though non-technical professional work experience is prescribed as essential yet the appointing authority is satisfied that the ex-serviceman is expected to perform the duties of the post by undergoing on the job training for a short duration.

(5) For appointment to any reserved vacancy in Group C and Group D posts, where the prescribed minimum educational qualification is matriculation, the appointing authority may, at his discretion, relax the minimum educational qualifications in favour of an ex-service man who has passed the Indian army Class – D examination or equivalent examination in the Navy of the Air-Force, and who has put in at least 15 years of service in the Armed Forces of the Union and is otherwise considered fit to hold the post in view of his experience and other qualifications.”

3. The petitioner applied for Group – II Tamil Nadu Combined Subordinate Services Examination-I, the examination was held on 30.07.2011 and results were published on 08.06.2012. The petitioner was short-listed for oral test. The petitioner was directed to appear for certificate verification on 12.07.2012, prior to oral test to be held on 13.07.2012. The petitioner appeared for certificate verification and produced the following original certificates before the 1st respondent:

(a) School leaving certificate.

(b) Graduation certificate issued by the Army.

(c) Post graduate certificate in the Open University system.

However, the petitioner was informed that the Graduation certificate issued in terms of Rule 6(4) of the Ex-serviceman (Re-employment Central Civil Service & Post Rules, 1979) cannot be accepted. The educational qualification for the posts included in Combined Sub-ordinate Services Examination-I, 2009-2011 applied by the petitioner