Madras High Court
John Xaavieer vs The Chairman on 27 September, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD).Nos.4931, 5215 & 5375 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ORDER RESERVED ON : 23.09.2024
ORDER PRONOUNCED ON : 27.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).Nos.4931, 5215 & 5375 of 2023
and WMP(MD).Nos.4606, 4607, 4912, 4913, 5037 & 5038 of 2023
W.P(MD).No.4931 of 2023
John Xaavieer ....Petitioner
Vs
1.The Chairman
Tamil Nadu Public Service Commission (TNPSC)
TNPSC Road
Park Town
Chennai 600 003
2.The Controller of Examination
Tamil Nadu Public Service Commission(TNPSC)
TNPSC Road
Park Town
Chennai 600 003
3.The President
Technical Testing Board,
Madras Engineering Group and Centre,
Bangalore
4.The Officer-in-charge
Demob Batter, Artillery Centre
Nasik Road Camp, Maharashtra
https://www.mhc.tn.gov.in/judis
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W.P(MD).Nos.4931, 5215 & 5375 of 2023
5.The Chairman/Secretary to Government of Tamil Nadu
Higher Education Department, Fort St.George,
Chennai 600 009 ….Respondents
(R3 to R5 are suo motu impleaded
vide Court order dated 30.06.2023)
Prayer : This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing 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 (ESM), as per
the Notification No.18/2023 dated 29.07.2022 & Notification No.18A/2023
dated 14.02.2023 issued by the respondents on the basis of the petitioner's
representation dated 02.03.2023.
W.P(MD).No.5215 of 2023
P.Muthukrishnan ....Petitioner
Vs
1.The Secretary
Tamil Nadu Public Service Commission (TNPSC)
TNPSC Road
Park Town
Chennai 600 003
2.The Controller of Examination
Tamil Nadu Public Service Commission(TNPSC)
TNPSC Road
Park Town
Chennai 600 003
https://www.mhc.tn.gov.in/judis
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W.P(MD).Nos.4931, 5215 & 5375 of 2023
3.The President
Technical Testing Board,
Madras Engineering Group and Centre,
Bangalore
4.The Officer-in-charge
Demob Batter, Artillery Centre
Nasik Road Camp, Maharashtra
5.The Chairman/Secretary to Government of Tamil Nadu
Higher Education Department, Fort St.George,
Chennai 600 009 ….Respondents
(R3 to R5 are suo motu impleaded
vide Court order dated 30.06.2023)
Prayer : This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing 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 (ESM), as per
the Notification No.18/2023 dated 29.07.2022 & 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.
W.P(MD).No.5375 of 2023
Agni Pandian ....Petitioner
Vs
1.The Secretary
Tamil Nadu Public Service Commission (TNPSC)
TNPSC Road
Park Town
Chennai 600 003
https://www.mhc.tn.gov.in/judis
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W.P(MD).Nos.4931, 5215 & 5375 of 2023
2.The Controller of Examination
Tamil Nadu Public Service Commission(TNPSC)
TNPSC Road
Park Town
Chennai 600 003
3.The President
Technical Testing Board,
Madras Engineering Group and Centre,
Bangalore
4.The Officer-in-charge
Demob Batter, Artillery Centre
Nasik Road Camp, Maharashtra
5.The Chairman/Secretary to Government of Tamil Nadu
Higher Education Department, Fort St.George,
Chennai 600 009 ….Respondents
(R3 to R5 are suo motu impleaded
vide Court order dated 30.06.2023)
Prayer : This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for the entire record
pertaining to the impugned provisional list issued by the respondent TNPSC
dated 27.02.2023 and quash the same as illegal and consequently direct the
respondents to permit/include the name of the petitioner in the ongoing
physical certificate verification process in respect of the selection process for
the post of 'Field Surveyor' as per the notification No.18/2022 dated
29.07.2022 on the basis of the petitioner's representation through Email to the
respondents on 28.02.2023 & registered post on 28.02.2023.
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W.P(MD).Nos.4931, 5215 & 5375 of 2023
For Petitioner : Mr.P.M.Vishnuvarthanan
in W.P.Nos.4931 & 5375 of 2023
: Mr.M.Thirunavukkarasu
in W.P.No.5215
For Respondents : Mr.V.Panneerselvam
Standing Counsel in all the writ petitions
COMMON ORDER
All these writ petitions have been filed by the applicants to the post of Field Surveyor pursuant to a notification issued by Tamil Nadu Public Service Commission (TNPSC) dated 29.07.2022 under Notification No.18 of 2022.
(I) CONTENTIONS OF THE COUNSELS:
(A) W.P(MD).No.4931 of 2023:
2.This writ petition had been filed seeking a mandamus directing the respondents to include the name of the petitioner in the ongoing physical certificate verification process to the post of Field Surveyor under Ex-Service Man Category.
3.The petitioner has applied for the above said post under Ex-Service Man Category. The petitioner while he was serving in the Madras Engineering Group of the National Army, he has undergone Regimental https://www.mhc.tn.gov.in/judis 5/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 Surveyor (Tech) Trade Course and he had applied on the basis of the above said certificate issued by the Army under Ex-service Man quota. The petitioner has appeared for the written examination and he had secured 234 marks out of 450 marks. However, when the provisional list was published on 27.02.2023, his name was not uploaded. Since there was no proper response from TNPSC relating to the omission of his name, he has filed the present writ petition seeking a mandamus.
4.The Public Service Commission has filed a counter contending that after verification, through on-screen, the petitioner was provisionally admitted, based upon the particulars furnished by the petitioner in his on-line application. However, when the uploaded certificates were verified, it was found that the petitioner has not uploaded the Bonafide Certificate or Pension Payment Order certificate or Discharge Book in support of his claim under Ex-Service Man quota. It is further contended that the petitioner is holding a certificate in Army Trade Surveyor issued by the Madras Engineering Group whereas the qualification prescribed under the notification for the post of Field Surveyor is a diploma in Civil Engineering or a National Trade Certificate in Trade of surveyor awarded by National Council for Vocational Training or a certificate in Army Trade Surveyor. Since the petitioner has not produced the equivalent certificate within the time prescribed under the notification, he was not called for the certificate verification. Instead of https://www.mhc.tn.gov.in/judis 6/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 uploading the certificates in Army Trade Surveyor, the petitioner has uploaded only the 'Indian Army Graduate Certificate'. Though the petitioner had time till the last date to upload the correct certificate, the petitioner has not chosen to upload the same. Hence, his application was rejected.
5.According to the writ petitioner, in case of uploading of wrong documents, the petitioner should have been granted an opportunity to upload the correct document. However, the petitioner was not called upon to produce the relevant documents. He had further contended that as far as the claim under Ex-Service Man quota is concerned, in his application, he has specifically mentioned about the date of his discharge and pension payment order number also. Hence, he prayed for allowing the writ petition.
(B) W.P(MD).No.5215 of 2023:
6. The instant writ petition has been filed seeking a mandamus to include the name of the petitioner in the physical certificate verification process for the post of Field Surveyor under Ex-service Man quota. It is the case of the petitioner that he had undergone the diploma in Architecture Assistantship while he was working in the Army in the College of Military Engineering. He had also uploaded the said document and he had uploaded relevant documents claiming quota under Ex-service Man Category. Though he had cleared the written examination, he was not called for Certificate Verification. Since no proper reasons were assigned for omission of his name https://www.mhc.tn.gov.in/judis 7/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 from the provisional list, the present writ petition has been filed.
7.The learned counsel appearing for the respondents relied upon the counter and contended that the petitioner had obtained a diploma in Architecture Assistantship which is not equivalent to a diploma in Civil Engineering which is a mandatory educational qualification for the post of Field Surveyor. However, the learned counsel for the petitioner had relied upon G.O.Ms.No.130, Higher Education (K1) Department dated 24.07.2024 wherein the Government has declared the diploma in Architecture Assistantship offered by the College Military Engineering as equivalent to diploma in Civil Engineering. Hence, the learned counsel for the petitioner had contended that once a particular diploma is declared to be equivalent to that of the qualification noted under notification, it always relate back to the date on which the diploma is obtained by the writ petitioner. Therefore, the petitioner's name could be considered now for being appointed as a Field Surveyor considering the fact that the post has already been reserved by interim order of this Court.
8.The learned Standing Counsel appearing for the Public Service Commission relying upon Clause-B Note (ii) of the notification and contended that the applicants claiming equivalence of qualification have to upload the equivalence certificate in the form of Government Order on or before the date of this notification and submit the same along with the online https://www.mhc.tn.gov.in/judis 8/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 application. Otherwise, the application will be summarily rejected after due process. He had further pointed out that the Government Order regarding equivalence of qualification issued after the date of notification will not be accepted. Therefore, according to the learned Standing Counsel, the notification for the above said post was issued on 29.07.2022 and the last date for submitting the application was fixed as 24.10.2022. The results of the written examination were published on 15.02.2023 and the provisional list of the selected candidates was published on 27.02.2023. The successful candidates were called for physical verification on 10.03.2023 and 11.03.2023. However, the equivalence Government Order is dated 24.07.2024 much after the selection process was confirmed. Hence, he prayed for dismissal of the writ petition.
(C) W.P(MD).No.5375 of 2023:
9.The instant writ petition has been filed by an aspirant to the post of Field Surveyor seeking to quash the transfer list published by TNPSC on 27.02.2023 and for a direction to include his name in the physical verification process under Ex-Serviceman MBC/DC category.
10.According to the petitioner, he had passed the Regimental Surveyor Technical Exam and he had also uploaded all the documents for claiming Ex-
service Man Category.
https://www.mhc.tn.gov.in/judis 9/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023
11.The learned Standing Counsel appearing for the respondents had contended that the educational qualification that was uploaded by the writ petitioner was not equivalent to the qualification prescribed in the notification. Thought it has been declared to be equivalent by way of Government Order dated 130, Higher Education (K1) Department, dated 24.07.2024. The said Government Order is much after the selection process was completed. Therefore, the said equivalent certificate cannot be taken into consideration in view of clauses found in the notification.
12.He had further contended that the petitioner though claims to be an Ex-service Man, he has not uploaded either Pension Payment Order of Bonafide Certificate issued by Ex-Service Man Welfare Board along with the application Form. Therefore, petitioner was not called for certificate verification.
(II) Discussion:
13.The petitioners in W.P(MD).Nos.5375 and 4931 of 2023 have passed Regimental Surveyor Trade Certificate from Madras Engineering Group and Centre, Bangalore. The petitioner in W.P(MD).No.5215 of 2023 has passed Diploma in Architecture Assistantship offered by the College of Military Engineering.
14.A perusal of the recruitment notification issued by TNPSC reveals that a candidate should have been passed either a Diploma in Civil https://www.mhc.tn.gov.in/judis 10/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 Engineering or a National Trade Certificate in the trade of Surveyor or a certificate in the Army Trade Surveyor to be eligible for applying to the post of Field Surveyor. Admittedly, all the three petitioners do not possess the said qualification either on the date of notification namely on 29.07.2022 or on the last date for uploading of the document namely on 24.10.2022.
15.The petitioners have appeared in the written examination on 06.11.2022 and results were published on 15.02.2023. The provisional list of the candidates who were called for certificate verification was published on 27.02.2023. Admittedly the name of the petitioners were not found in the said list. The physical verification of the certificate was conducted on 10.03.2023 and 11.03.2023. Till the last date, the petitioners have not obtained the equivalence certificate. Only on 24.07.2024 by way of G.O. (Ms).No.130, Higher Education (K1) Department, qualification of the petitioner have been declared to be equivalent to that of the prescribed qualification in the notification.
16. In the notification, Clause-B relating to educational qualification Note (ii) is extracted as follows:
“(ii).Applicants claiming equivalence of qualification to the prescribed qualification should upload and submit evidence for equivalence of qualification in the form of Government Order issued on or before the date of this notification and submit it along with the online application, failing which, their application will be https://www.mhc.tn.gov.in/judis 11/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 summarily rejected after due process. The Government Orders regarding equivalence of qualification issued after the date of this notification will not be accepted. ( Refer note under para 9 of the “Instructions to Applicants” and “ Disclaimer” )”
17.It is true that the Government of Tamil Nadu has declared the qualification obtained by the writ petitioners to be equivalent to the qualification prescribed under notification by way of G.O.(Ms).No.130, Higher Education (K1) Department, 24.07.2024. It is needless to point out, by virtue of the Government Order, the educational qualification relates back to the date on which such a diploma/ certificate was obtained by the writ petitioners. However, as per recruitment notification, unless the equivalent certificates are uploaded before the last date of the application, the same could not be considered by the recruiting agency. It is further pointed out that in the notification, any equivalent certificate obtained after the date of notification will not be accepted. In case, if any relaxation is granted to the writ petitioners and they are permitted to participate in the certificate verification, the same benefits should be conferred upon all those candidates who are similarly placed like that of the petitioners. Many candidates would not have been called for certificate verification for similar defects.
18.The Hon'ble Supreme Court in a judgment reported in (2011) 12 SCC 85 (Bedanga Talukdar Vs. Saifudaullah Khan and others) in https://www.mhc.tn.gov.in/judis 12/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 Paragraph No.29 has held as follows:
“29.....In our opinion, it is too well settled to need any further reiteration that all appointments to public office have to be made in conformity with Article 14 of the Constitution of India. In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate. Therefore, the selection process has to be conducted strictly in accordance with the stipulated selection procedure.Consequently, when a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There can not be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved. Such a power could be reserved in the relevant Statutory Rules. Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement. In the absence of such power in the Rules, it could still be provided in the advertisement. However, the power of relaxation, if exercised has to be given due publicity. This would be necessary to ensure that those candidates who become eligible due to the relaxation, are afforded an equal opportunity to apply and compete.Relaxation of any condition in advertisement without due publication would be contrary to the mandate of quality contained in Articles 14 and 16 of the Constitution of India.”
19.In view of the judgment of the Hon'ble Supreme Court, any sympathy or relaxation shown in favour of the writ petitioners would lead to https://www.mhc.tn.gov.in/judis 13/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 a situation wherein other similarly placed, rejected candidates would lose their opportunity just because they have not approached the Court. Many other candidates would not have even applied, pursuant to the notification, thinking that they are not having the qualification prescribed in the notification. In such circumstances, the petitioners cannot be permitted to participate in the certificate verification based upon an equivalence order published by the Government after selection process is over.
20.As far as the claim under Ex-Service Man quota is concerned, Paragraph No.14(o)(i) of the general instruction to the applicants is extracted as follows:
“Bonafide Certificate issued by the Ex-Servicemen Welfare Board in the following format or pension payment order must be uploaded/produced. Failure to upload/produce the certificate /order shall result in rejection of candidature after due process.”
21.As per the said general instruction, if a candidate claims the benefit under Ex-Service Man quota, he has to produce either a bonafide certificate issued by the Ex-Service Man Welfare Board in the prescribed format or the Pension Payment Order. It further points out, failure to upload or produce the certificate shall result in rejection of candidature after due process.
22.In W.P(MD).No.5375 of 2023, the petitioner has not uploaded any one of these documents, but he has uploaded only Ex-Service Man Welfare https://www.mhc.tn.gov.in/judis 14/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 Identity Card in the 'E' format form. The petitioner in W.P(MD).No.4931 of 2023 has not uploaded any document in respect of his claim under Ex-Service Man quota. The petitioner in WP(MD).No.5215 of 2023, though he had uploaded the relevant documents, he was not considered because of the fact that he had not enclosed the equivalence certificate relating to his educational qualification.
23.It is submitted on the side of the writ petitioners that in case, if the authorities found that some of the documents have not been uploaded, they should have been called upon to submit the said documents. Though they were in possession of the said document, they could not be uploaded within the relevant point of time.
24.The Hon'ble Division Bench of this Court in a judgment reported in 2006 (3) CTC 449 ( Dr.M.Vennila and TNPSC and others) in Paragraph No.27 has held as follows:
“27. Yet, another argument was made to the effect that inasmuch as failure to sign below the column 24 as well as below the declaration is a bona fide mistake and instead of rejecting the applications, the Commission ought to have afforded one more opportunity to the petitioners to rectify the same. While meeting the above contention, learned Advocate General submitted that in the absence of any specific Rule or Rules or provision in the Instructions, etc. to Candidates or clause in Information Brochure, the applicants cannot be permitted to rectify the defect. First of all, as rightly https://www.mhc.tn.gov.in/judis 15/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023 pointed out, if it is permitted, the selection schedule and the process of examinations cannot be adhered to. Hence, the argument that the petitioners ought to have been given an opportunity to rectify the mistake in the application form cannot be accepted.”
25.Several applications have been rejected by Tamil Nadu Public Service Commission on the ground that they are incomplete/defective or proper documents have not been uploaded. Any second opportunity granted to the writ petitioners to furnish the documents or rectify the defects, would cause great prejudice to the other candidates whose applications were also rejected on similar grounds.
26.The petitioners having not uploaded the equivalence certificate before the last date or the documents prescribed for claiming reservation under Ex-Service Men quota, by filing the writ petitions, after selection process was over, cannot contend that they are in possession of those certificates as on today and make a claim to the said post. Considering the fact that the selection process has already been completed in March 2023, this Court is not inclined to either quash the provisional selection list or issue a mandamus to the authorities to call the petitioners for certificate verification. https://www.mhc.tn.gov.in/judis 16/18 W.P(MD).Nos.4931, 5215 & 5375 of 2023
27.In view of the above said deliberations, there are no merits in the writ petitions and the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
27.09.2024.
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
msa
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W.P(MD).Nos.4931, 5215 & 5375 of 2023
R.VIJAYAKUMAR, J.
msa
Pre-delivery order made in
W.P.(MD).Nos.4931, 5215 &
5375 of 2023 and
WMP(MD).Nos.4606, 4607,
4912, 4913, 5037 & 5038 of
2023
27.09.2024
https://www.mhc.tn.gov.in/judis
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