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2025 Supreme(Mad) 2449
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, C. SARAVANAN, JJ.
Tamil Nadu Public Service Commission, Represented by its Secretary - Appellant
Versus
B. Shelshia and Ors. – Respondents
W.A.No.3410 of 2024 and C.M.P.No.26460 of 2024
Decided On : 29-04-2025
For the Appellant :Mr. J. Raveendran, Additional Advocate General Assisted by Ms. G. Hema, Standing Counsel
For the Respondents: Mr. Arun Anbumani for Mr. P. Rajkumar, Mr. D. Ravichander, Special Government Pleader.
The court affirmed that a candidate's eligibility should not be denied based on procedural delays in obtaining an equivalence certificate, especially when the candidate was allowed to participate in the selection process.
Headnote:
(A) Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Paragraph No.5
(B) of Notification No.03/2022 - Educational qualification for Junior Co-operative Auditor - The writ petitioner possessed a B.Com. Degree in Accounting & Finance, which was initially deemed not equivalent to the required B.Com. degree. However, the equivalence was later confirmed by G.O.(Ms).No.130 dated 24.07.2024. The Writ Court directed the equivalence committee to act on this order, allowing the petitioner to be considered for the post. (Paras 5, 10, 11, 12, 30)
(B) Writ Jurisdiction - The court emphasized that the petitioner should not be denied the opportunity to participate in the selection process due to procedural delays in obtaining the equivalence certificate. The court ruled that the notification's prohibition could not override the government order confirming equivalence. (Paras 11, 12, 30)
Facts of the case:
The writ petitioner applied for the Junior Co-operative Auditor post but was initially rejected due to the non-equivalence of her degree. After filing a writ petition, the court directed the issuance of an equivalence certificate, which was subsequently granted.
Findings of Court:
The Writ Court found that the petitioner fulfilled the essential qualifications after the issuance of the equivalence certificate and directed her consideration for the post.
Issues: The main issues were whether the petitioner possessed the requisite qualifications and the implications of the timing of the equivalence certificate.
Ratio Decidendi: The court held that the petitioner should be accommodated in the selection process as she was allowed to participate in the examination and certificate verification, and the equivalence certificate was issued post-filing of the writ petition.
Result: Writ Appeal dismissed.
JUDGMENT :
(C. SARAVANAN, J.)
This intra Court Appeal is directed against the impugned order dated 06.09.2024 passed by the Writ Court in W.P.No.16941 of 2024.
2. The brief facts of the case are that the 1st respondent/writ petitioner had obtained B.Com. Degree in Accounting & Finance from PSG College of Arts and Science, Coimbatore affiliated to 4th respondent University. While so, the appellant had issued a Notification No.03/2022 dated 23.02.2022 for direct recruitment to the posts included in Combined Civil Services Examination – II (Interview Posts and Non-Interview Posts) in Group – II & IIA Services, pursuant to which, the 1st respondent/writ petitioner had applied for the Non-Interview Post viz., Junior Co-operative Auditor in Co-operative Audit Department. Thereafter, the 1st respondent/writ petitioner had participated in the written examination conducted by the appellant on 25.02.2023. The results of the said written examination were published on 11.01.2024 and the 1st respondent/writ petitioner had passed in the written examination. She had secured 133 marks and she was positioned at 11589th overall Rank and 3523rd Communal Rank (MBC/DC Community – General Category).
3. The Tamil Nadu Government Staff Selection Commission vide Memorandum No.271/PSD-A2/2022 dated 30.05.2024, called the 1st respondent/writ petitioner to attend the Certificate Verification/Consultation on 11.06.2024. During the process of Certificate Verification, the 1st respondent/writ petitioner was orally informed that the B.Com. Degree in Accounting & Finance obtained by her from PSG College of Arts and Science, Coimbatore was not equivalent to B.Com. Degree as contemplated in Serial No.30 of List of Non-Interview Posts given under Paragraph No.5(B) of the aforesaid Notification No.03/2022 dated 23.02.2022 and hence, she is required to produce Equivalence Certificate to the effect that B.Com. Degree which she obtained from PSG College of Arts and Science, Coimbatore affiliated to 4th respondent University is equivalent to the B.Com. Course. Hence, the 1st respondent/writ petitioner had made an application dated 18.06.2024 to the 3rd respondent by way of Registered Post as well as e-mail, requesting for issuance of Equivalence Certificate. That apart, in this regard, she had also sent a representation dated 18.06.2024 to the 2nd respondent.
4. In this background, the 1st respondent/writ petitioner approached the Writ Court by filing W.P.No.16941 of 2024 seeking for issuance of a writ of mandamus to forbear the 1st respondent from rejecting her candidature for the post of Junior Co-operative Auditor under MBC/DC General category, called for vide Notification No.03/2022 dated 23.02.2022 for Combined Civil Services Examination – II (Interview Posts and Non- Interview Posts) in Group – II and IIA Services, in view of the pendency of her application and representations dated 07.06.2024 and 18.06.2024 made to the 2nd and 3rd respondents seeking the issuance of Equivalence Certificate in respect of her graduation in B.Com. (Accounting & Finance) from the 4th respondent University as Equivalent to B.Com. and to consequently, direct the 1st respondent to appoint her in the said post of Junior Co-operative Auditor as per the Rank list, in the event of she obtaining the said Equivalence Certificate from the 2nd & 3rd respondents and submitting the same to the 1st respondent.
5. By impugned order dated 06.09.2024, the Writ Court has allowed the aforesaid writ petition filed by the 1st respondent/writ petitioner. Operative portion of the impugned order reads as under:
“8. This Court has carefully considered the submissions made on either side and the materials available on record.
9. In the case in hand, the candidature of the petitioner was not considered mainly on the ground that the essential qualification was not fulfilled by the petitioner. The petitioner possessed B.Com (Accounting and Finance) and this degree was granted by Bharathiar University, Coimbatore and
