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2025 Supreme(Online)(Mad) 74312

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
THE MEMBER SECRETARY – Appellant
Versus
K.VINOTH – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.A.No.1477 of 2023 The Member Secretary Tamil Nadu Public Service Commission TNPSC Road, VOC Nagar Park Town, Chennai – 600 003. .. Appellant Vs.

1. K.Vinoth

2. The University of Pondicherry Rep. By its Registrar Kalapet, Puducherry – 630 061.

3. The Government of Tamil Nadu Rep. By its Principal Secretary to Government Higher Education Department Fort St. George, Chennai – 600 009.

4. The Government of Tamil Nadu Rep. By its Principal Secretary to Government Finance Department, Fort St. George Chennai – 600 009. .. Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.29675 of 2018 dated 16.02.2023.

For the Appellant : Ms.G.Hema Standing Counsel For the Respondents : Mr.K.S.Viswanathan Senior Counsel for Ms.T.Hemalatha for R1 Mr.R.Kumaravel Additional Government Pleader for R3 & R4 JUDGMENT (Judgment of the Court was authored by R.SURESH KUMAR, J.)

This writ appeal has been directed against the order passed by the Writ Court dated 16.02.2023 made in W.P.No.29675 of

2018.

2.1. That the first respondent K.Vinoth was one of the candidates who made an application pursuant to the notification issued by the appellant Tamil Nadu Public Service Commission (hereinafter be called as “TNPSC”) dated 12.10.2015, inviting applications to fill various posts, including the post of Junior Co-operative Auditor. As per the notification, the necessary qualification to hold the post of Junior Cooperative Auditor is a Degree of B.B.M. or Degree of B.Com. or Degree of B.Com. (Computer Application) or B.A. (Co-operation) Degree or B.A. (Economics) or B.A. (Corporate Secretaryship) or B.B.E.

Degree, awarded by any University.

2.2. Insofar as the first respondent/writ petitioner is concerned, he was having the qualification of Bachelor of Foreign Trade, awarded by the Pondicherry University, being a Central University, which has been subsequently renamed as “Bachelor of Commerce in Foreign Trade”. With that qualification, the first respondent/writ petitioner applied to the said post of Junior Co-operative Auditor.

2.3. As per the notification, the method of selection process would be that there would be a preliminary examination, followed by the main examination. On being selected after the main examination, the candidate would be called for certificate verification and thereafter, the selection would be completed based on such certificate verification.

2.4. Insofar as the first respondent/writ petitioner is concerned, he has crossed the two hurdles, that is the preliminary examination as well as the main examination and when he was called for certificate verification, it was found by the TNPSC that he was holding the Degree of Bachelor of Commerce in Foreign Trade awarded by the Pondicherry University, which is not one of the Degrees mentioned in the notification. Therefore, the Degree awarded to the first respondent/writ petitioner whether was equivalent to any of the Degrees mentioned in the notification has to be evaluated and an equivalence certificate to that effect, secured from the Government, has to be produced before the TNPSC.

2.5. On that condition, though the writ petitioner/first respondent was selected by the TNPSC, his result was withheld by giving time of ten days to produce the equivalence certificate, that is up to 11.03.2017. The said time since has been requested to be extended further, was extended lastly by communication dated

11.10.2017 by the TNPSC up to 19.10.2017.

2.6. Even on or before 19.10.2017, that is the extended time by the TNPSC, since the writ petitioner/first respondent was not able to provide the equivalence certificate, for which, even though he had applied and was awaiting for such equivalence certificate, further extension was sought by the writ petitioner/first respondent, which having been considered, was rejected, say

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