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2025 Supreme(Online)(Mad) 49096
IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. Nisha Banu, S. Srimathy, JJ
P. Muthukrishnan – Appellant
Versus
The Secretary, Tamil Nadu Public Service Commission (TNPSC) – Respondent
W.A(MD)No.2511 of 2024 | W.A(MD)No.2283 of 2024 | W.P(MD)No.5215 of 2023 | W.P(MD)No.14848 of 2024
For the Appellants/Petitioners: Mr.M.Thirunavukkarasu
For the Respondents: P.Wilson, Senior Counsel, Mr.V.Panneer Selvam, Mr.J.Ashok, Additional Government Pleader
The court reaffirmed that educational equivalency certifications should be applied retroactively to protect candidates' rights under recruitment notifications.
Headnote:(A) Writ of Mandamus - Qualification for posts - The petitioner claimed inclusion in certificate verification process based on military qualifications - The Court recognized the equivalence of degrees certified recently by the government against previous recruitment notifications - Issues surrounding educational qualifications and timely document submissions were crucial - The appeal in W.A(MD)No.2511 was allowed, setting aside the lower court order, while W.A(MD)No.2283 was dismissed. (Paras 18, 8, 12)
(B) Equivalence of Qualifications - Relating to equivalence certificates and their impact on eligibility for public service posts - The Court highlighted prior judgments affirming that equivalence declarations should not create barriers for candidates. (Paras 14, 15, 17)
Facts of the case:
The petitioner attempted to ensure fair assessment for public service posts based on military credentials, challenging failures in the recognition of qualifications during the application process.
Findings of Court:
The Court found merit in the claim for formal recognition of qualifications and emphasized that all degrees should be evaluated in light of newly acquired equivalency status.
Issues: The main issues involved eligibility based on educational qualifications, adherence to recruitment notifications, and implications of certification delays.
Ratio Decidendi: The Court maintained that educational equivalency is honored backdated to the acquisition of the degree, rejecting retrospective interpretations that disadvantage candidates.
Result: The Writ Appeal in W.A(MD)No.2511 was allowed, while W.A(MD)No.2283 was dismissed.
| Table of Content |
|---|
| 1. petitioner's attempted inclusion based on military qualifications. (Para 2 , 3) |
| 2. responses from the commission regarding document processing and qualifications. (Para 4 , 5) |
| 3. court's emphasis on the equivalency of qualifications as protective of candidates' rights. (Para 8 , 12) |
| 4. importance of recognizing educational qualifications in public service recruitment. (Para 15) |
| 5. court allowed the writ appeal stating merit in claims for certificates. (Para 18) |
COMMON JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.
Both the writ appeals are raising same and similar issue, hence both were taken up together and common judgment is passed.
2(i) The W.A.(MD)No.2511 of 2024 is filed by the writ petitioner challenging the order dated 08.03.2023 passed in W.P.(MD)No.5215 of 2023. The writ petition is filed for issuance of a Writ of Mandamus, to direct the respondents to include the name of the petitioner in the ongoing Physical Certificate Verification Process for the post of “Field Surveyor” within the “Ex-Service Man” category, as per the notification No.18 of 2023 dated 29.07.2022 and notification No.18A/2023 dated 14.02.2023 issued by the respondents, on the basis of the petitioner's E-Mail dated 08.03.2023.
2(ii) The W.A.(MD)No.2283 of 2024 is filed by Tamil Nadu Public Service Commission (TNPSC) challenging the order dated 08.07.2024 passed in W.P.(MD)No.14848 of 2024. The writ petition is filed for issuance for Writ of Certiorarified Mandamus, to quash the impugned order dated 26.06.2024 and to direct the 3rd respondent to treat the petitioner's degree namely B.Com. (Banking Financial Services and Insurance) obtained from the 5th respondent University as equivalent to regular B.Com. and to select the petitioner for the post of Junior Cooperative Auditor Group (Non Interview Post) under the recruitment Notification No.03/2022 dated 23.02.2022 issued by the 2nd respondent Combined Civil Services Examination II (Interview Posts/Non-Interview Post) (Group-II Services/Group-IIA Services).
3. The brief facts as stated in the affidavit filed in W.P.(MD)No.5215 of 2023 are that the petitioner had completed diploma in Electronics Communication Engineering (DECE) in the year 1999, then joined Indian Army on 23.03.2001 as Jawan (GD) - Electrician at Madras Engineering Group (MEG & C, Bangalore). During his army service he joined and studied in the College of Military Engineering at Pune and did Diploma in Architecture Assistantship from 27.04.2009 to 23.04.2011 and completed the said Diploma Course and he was issued with the said Certificate by the Dean, College of Military Engineering at Pune. After completion of his Diploma course, he was relieved from MEG and ordered to join Bengal Engineering Group and Centre (BEG & C), Roorkee, but his parental unit is only MEG & C. The petitioner had completed 20 years of service in Indian Army and retired as Subahdar on 31.05.2021. At the time of his retirement, he was issued with Diploma in Draftsman Estimating and Designing by the Senior Record Officer of Roorkee. Then the petitioner enrolled his name with the Assistant Director of Ex-Servicemen Welfare at Srivilliputhur, Virudhunagar District. In the meanwhile, the 1st respondent has issued Advertisement No.622, Notification No.18/2022 dated 29.07.2022 for the post of Field Surveyor and Draftsman, for the total vacancy of 1089 and subsequently it was increased to 1338 vacancies vide Notification No.18A/2023 dated 14.02.2023. In the notification 5% is reserved for Ex-Service Man Category (ESM) which comes for 66 posts. The petitioner belonged to belonged to BC- Hindu and had applied on 17.08.2022 for the post “Field Surveyor/ Draftsman”, under ESM Category. The petitioner had submitted the application including the certificates and the same was accepted and granted Registration No.1001020073.
The details of the certificates are as follows:
a) 10th Mark Sheet b) Diploma Certificate c) Community Certificate d) Ex-Service Man
