Eligibility for recruitment must be determined by the date of result publication, not the issuance of Provisional Certificates, and candidates cannot be disqualified on procedural grounds if they meet qualifications.

JUDGMENT :

S.S. SUNDAR, J.

The above writ appeals have been preferred by the Tamil Nadu Public Service Commission [for brevity 'TNPSC'] against the independent orders of the learned Single Judge dated 05.09.2024 in the writ petitions filed by the writ petitioners in WP.Nos.26133 and 26136/2024 who are respondents herein.

2.Even though the two writ petitions are independently decided, the facts are almost identical and issues are common in both the writ petitions and hence, these two appeals are disposed of by this common judgment.

3.Brief facts that are necessary for the disposal of these appeals are as follows:-

3.1.The petitioner in WP.No.26133/2024 by name A.Gerald Paul had completed his Bachelor degree in Civil Engineering in the year 2021. Whereas, the petitioner in WP.No.26136/2024 by name D.Hebron had completed his Bachelor Degree in Civil Engineering in the year 2020. Both the writ petitioners thereafter joined Master Degree in Environmental Engineering in Anna University during 2021-2022. The course was completed in April 2023 and the writ petitioners also wrote the written examination and results were declared on 07.10.2023.

3.2.The petitioner in WP.No.26133/2024 was given Provisional Certificate on 27.11.2023 and the Provisional Certificate was issued to the petitioner in WP.No.26136/2024 on 09.11.2023.

3.3.The appellant/TNPSC issued a Notification on 13.10.2023, inviting applications for the selection and appointment by direct recruitment of various posts including the post of Assistant Engineer, Tamil Nadu Pollution Control Board. It is not in dispute that the writ petitioners had fulfilled the educational qualifications prescribed in the Recruitment Notification issued by the appellant herein on 13.10.2023. The writ petitioners were called for the written examination. When results were declared during May 2024, the names of the respondents herein were also found. On 01.07.2024, the respondents were called upon for certificate verification and were directed to produce all the original records. The respondents herein uploaded the Provisional Certificates in respect of the Post Graduate Degree in Engineering.

3.4.When the respondents were called upon to appear in person, they were informed at that time that they were issued with the Provisional Certificates only on 27.11.2023 and 09.11.2023 respectively. Since Provisional Certificates were issued to the respondents after the Recruitment Notification dated 13.10.2023, their candidature was not considered by the appellant herein. It was pointed out to the appellant that the respondents herein, in order to fulfill the requirements of the Recruitment Notification should show that the results were declared before the date of Notification. On the basis of a Certificate issued by the Controller of Examinations, Anna University, to the effect that the results were published on 07.10.2023, long before the issuance of Notification, the respondents herein tried to convince the appellant. However, the appellant did not accept the case of the respondents herein. Hence, the respondents were not permitted to participate in the oral interview only on the ground that the date mentioned in the Provisional Certificates are long after the date of Notification.

3.5.It was in the factual background, the respondents filed the writ petitions for issuance of a writ of mandamus to direct the appellant herein to permit the respondents to participate in the oral interview for the post of Assistant Engineer, TNPCB and to consider the candidature of the respondents as per the Notification dated 13.10.2023.

4.The appellant strenuously contended that the respondents have not possessed required educational qualification as on 13.10.2023, i.e., the date of Notification. It was pointed out by the appellant that in the case of the petitioner in WP.No.26133/2024, the candidate was issued with the 4^th Semester Mark Sheet only on 14.10.2023 which is after the date of Notification dated 13.10.2023. It is on that ba