SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Mad) 2040

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, G. ARUL MURUGAN, JJ.
N.Umamaheshwari – Appellant
Versus
Government of India – Respondent
W.P.No.29082 of 2019 and W.M.P.No.28860 of 2019
Decided on : 17-10-2024

Advocates:
Advocate Appeared:
For the Appellant : Ms.Pravin Banu.L for Mr.N.G.R.Prasad
For the Respondents: Mr.A.Kumaraguru, SPC

The eligibility for the Scientific Assistant post requires a minimum of 60% in core subjects, not all subjects, as clarified by university guidelines.

Headnote:(A) Constitution of India - Article 226 - Writ of certiorarified mandamus - Petition challenging the order of Central Administrative Tribunal regarding eligibility for the post of Scientific Assistant - Petitioner claimed eligibility based on incorrect percentage computation - Court found that core subjects alone should determine eligibility, leading to a percentage exceeding 60% - Tribunal's order set aside. (Paras 20, 21)

(B) Eligibility Criteria - The court clarified that the minimum percentage requirement of 60% applies to core subjects only, as per the guidelines of the Thiruvalluvar University and the Memorandum issued by Bhabha Atomic Research Centre. (Paras 17, 19)

Facts of the case:
The petitioner, having completed a Bachelor in Science and a Diploma in Industrial Safety, was initially deemed ineligible for the Scientific Assistant position due to a percentage computation dispute. (Paras 2, 6)

Findings of Court:
The petitioner’s computation based on core subjects exceeded the required percentage, thus entitling her to the position. (Paras 19, 20)

Issues: The main issue was whether the percentage requirement of 60% applied to all subjects or only core subjects. (Paras 10, 15)

Ratio Decidendi: The court ruled that eligibility must be assessed based on core subjects alone, as per the university's guidelines, which confirmed the petitioner’s qualification. (Paras 17, 19)

Result: Writ petition allowed; Tribunal's order set aside.

ORDER :

(Order of the Court was made by Dr. ANITA SUMANTH, J)

Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to the order passed by the 5th respondent in O.A./310/00050/2017 dated 04.07.2019 consequently direct the respondents to appoint the petitioner as Scientific Assistant/B – Industrial Safety (SA-05) pursuant to the Notification No. 02/2014 in the same manner in which it was given to the other candidate S.Mohandoss with seniority and all other attendant benefits.

The petitioner had approached the Central Administrative Tribunal (CAT/Tribunal) by way of an application challenging the order passed on 04.07.2019 by the appropriate authority of the Indira Gandhi Centre for Atomic Research (Centre) holding her ineligible for the post of Scientific Assistant (Industrial Safety), and an order of the Administrative Officer of that Centre on 04.10.2016 reiterating her non-selection.

2. The petitioner had completed Bachelors in the Sciences with a first class in 2006 from the Thiruvalluvar University. She had responded to an advertisement issued by the Department of Atomic Energy, Indira Gandhi Centre for Atomic Research/R1 calling for applications for Scientific Assistants. The qualification that was required qua Scientific Assistants in the discipline of Industrial Safety, was a 'Bachelor in Science with minimum 60% marks plus one year Diploma/Certificate Course in Industrial Safety'. It is not in dispute that the petitioner has completed her Diploma in Industrial Safety.

3. The application of the petitioner was processed and she was found eligible on all counts. The list of successful applicants that was published on-line reveal the name of the petitioner as being first in rank. Thereafter, the petitioner was in receipt of a communication from the respondents, wherein she was asked to provide a clarification on the manner by which she had computed the percentage, on the basis of which the application had been submitted by her.

4. To be noted that the marks secured by the petitioner in the course subjects are as follows and the computation of percentage was taking into account all subjects, core as well as non-core i.e., English (referred to hereinafter as Table A):-

Sl.No

Name of the Subject with subject code

Actual as per mark sheets

 

1

TAMIL (LTA)

53

100

 

2

ENGLISH (LEA)

46

100

 

3

THERMAL PHYSICS AND ACOUSTICS (UPA)

56

100

 

4

PRACTICAL – I (UPB)

52

60

 

5

MATHEMATICS (AMA 1)

44

100

 

6

CHEMISTRY (ACH1)

69

100

 

7

PRACTICAL – I – CHEMISTRY (ACH2)

50

50

 

8

ENGLISH – II (LEC)

41

100

 

9

TAMIL – II (LTB)

50

100

 

10

ENVIRONMENTAL STUDIES (ENV)

63

100

 

11

MECHANICS, PROPERTIES OF MATTER AND MATHEMATICAL METHODS (UPC)

50

100

 

12

PRACTICAL – II (UPD)

24

60

 

13

OPTICS AND SPECTROSCOPY (UPE)

62

100

 

14

ELECTRICITY AND MAGNETISM (UPF)

57

100

 

15

ATOMIC PHYSICS AND ELECTRONICS (UPG)

55

100

 

17

APPLIED ELECTRONICS (UPJ)

32

60

 

18

PRACTICAL – III (UPI)

76

80

 

19

PRACTICAL – APPLIED ELECTRONICS (UPK)

30

40

 

 

TOTAL

962

1650

 

 

PERCENTAGE

58.30

 

5. The petitioner submitted a clarification to the effect that her claim of having secured 60.37% was based on the following marks wherein she had converted the marks in regard to the practicals to be based on 100% as against 60% on which she had been marked. (hereinafter referred to as Table B). This is what has led to a percentage of 60.37% as against 58.30% if the marks were to be taken as such.

Sl.No

Name of the Subject with subject code

Calculations done by me

 

Marks Obtained

Max. Marks

1

TAMIL (LTA)

53

100

2

ENGLISH (LEA)

46

100

3

THERMAL PHYSICS AND ACOUSTICS (UPA)

56

100

4

PRACTIC

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top