Madras High Court
N.Karthik vs The Secretary on 29 November, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.28251 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 25.10.2021
Pronounced On 29.11.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.28251 of 2018
and
W.M.P.No.32937 of 2018
(Through Video Conferencing)
N.Karthik ... Petitioner
Vs.
1.The Secretary,
The Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C.Nagar,
Park Town, Chennai – 600 003.
2.The Under Secretary,
The Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C.Nagar,
Park Town, Chennai – 600 003.
3.The Controller of Examination,
The Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C.Nagar,
Park Town, Chennai – 600 003.
4.The Director of Technical Education,
The Directorate of Technical Education,
______________
https://www.mhc.tn.gov.in/judis
Page No 1 of 30
W.P.No.28251 of 2018
No.53, Sardar Patel Road,
Guindy, Chennai – 600 025.
5.K.Muralidharan ... Respondents
(R5 impleaded vide order dated 10.04.2019
made in W.M.P.No.412 of 2018.)
Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorarified Mandamus, to call for connected
records pertaining to the passing of the order dated 07.08.2018 in
Memorandum No.2772/APD-A2/2017 passed by the second respondent
and quash the same and consequently direct the second respondent to
accept the computing skills Course issued by the UGC is equivalent to
computer course certificate issued by the Directorate of Technical
Education as per the G.O.No.26, Personnel and Administrative Reforms
(S) Department, dated 23.02.2017 and allow the petitioner to participate
the selection for the post of Tourist Officer included in Tamil Nadu
General Service.
For Petitioner : Mr.G.Masilamani, Senior Counsel
for Mr.V.Karunakaran.
For R1 to R3 : Mr.V.Govardhan, Standing Counsel.
For R4 : Mr.L.S.M.Hasan Fizal, Govt. Adv.
For R5 : Mr.C.Arunkumar
______________
https://www.mhc.tn.gov.in/judis
Page No 2 of 30
W.P.No.28251 of 2018
ORDER
This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to:-
i. call for the records pertaining to the order dated 07.08.2018 in Memorandum No.2772/APD-
A2/2017 passed by the second respondent;
ii. quash the same; and iii. direct the second respondent to accept the computing skill course issued by the UGC is equivalent to computer course certificate issued by the Directorate of Technical Education as per the G.O.No.26, Personnel and Administrative Reforms (S) Department, dated 23.02.2017 and allow the petitioner to participate in the selection for the post of “Tourist Officer” included in Tamil Nadu General Service.
2. By the impugned order, the second respondent has rejected the candidature of the petitioner for the next level selection for interview to the post of a Tourist Officer included in Tamil Nadu General Service. ______________ https://www.mhc.tn.gov.in/judis Page No 3 of 30 W.P.No.28251 of 2018
3. The petitioner holds a P.G. Degree in M.A. (English) with one subject in Tourism from the University of Madras, Chennai. The said course included Computing Skills - Basic and Advance Course in the II and IV Semesters.
4. A Notification No.11/2017 dated 09.05.2017 was issued by the Tamil Nadu Public Service Commission (first to third respondents) to the post of a Tourist Officer. The petitioner applied to the said post of a Tourist Officer and attended in the written examination and the passed the same. When the petitioner appeared for certificate verification on 18.07.2018, the Verification Officer rejected the candidature of the petitioner on the ground that the certificate issued by the Madras University in M.A. (English) was not equivalent to the Certificate Course in Computer on Office Automation issued by the Directorate of Technical Education.
5. The petitioner appears to have sent a representation dated 27.07.2018 to the second respondent. The second respondent vide impugned order dated 07.08.2018 re-affirmed the same. Therefore, the ______________ https://www.mhc.tn.gov.in/judis Page No 4 of 30 W.P.No.28251 of 2018 petitioner has filed this Writ Petition challenging the said impugned order.
6. An interim order dated 29.10.2020 was passed by this Court. The petitioner was allowed to appear for the oral Test and the results were to be announced subject to the final outcome of this Writ Petition.
7. Thus, pending this Writ Petition, the respondents have placed the petitioner in the reserve list in the result announced on 09.11.2018. The fourth respondent has filed a copy of the result of the petitioner in a sealed cover before this Court pursuant to an order dated 01.10.2021 of this Court.
8. Appearing on behalf of the petitioner, the learned Senior Counsel for the petitioner submits that the petitioner was not required to obtain a separate certificate from Directorate of Technical Education in Computer on Office Automation. It is submitted that the M.A. (English) awarded by the Madras University to the petitioner included a course in Computing - Basic and Advanced which was more advanced and intensive course than the Certificate Course in Computer Office Automation offered by the ______________ https://www.mhc.tn.gov.in/judis Page No 5 of 30 W.P.No.28251 of 2018 Directorate of Technical Education.
9. It is submitted that the petitioner has requisite qualification to be appointed to the post of the Tourist Officer in view of the exemption in Recruitment Notification No.11/2017, dated 09.05.2017 issued by the first to third respondents (Tamil Nadu Public Service Commission).
10. The learned Senior Counsel for the petitioner further submits that the Notification itself has given a criteria for exemption in Annexure- II of the said notification, in terms of which, those who possess a degree in computer education are exempted in terms of G.O.Ms.No.26, Personnel and Administrative Reforms (S) Department, dated 23.02.2017.
11. The learned Senior Counsel further submits that the fifth respondent who was impleaded in this Writ Petition has only secured 271 marks and therefore, the fifth respondent has no locus standi to object to the relief sought for in this Writ Petition by the Petitioner.
12. It is submitted that the fifth respondent does not even possess ______________ https://www.mhc.tn.gov.in/judis Page No 6 of 30 W.P.No.28251 of 2018 the minimum marks to be obtained by candidates under the Notification. It is further submitted that the minimum marks obtained as per the Notification is 306 marks before the interview, whereas, the fifth respondent has secured only 271 marks.
13. The learned Senior Counsel for the petitioner further submits that the Certificate Verification Officer of the first to third respondents (TNPSC) is incompetent to decide the equivalence for the qualification of the petitioner as the petitioner was not required to obtain a separate certificate course in Computer on Office Automation (COA) from the Department of Technical Education. He further submits that even if the petitioner is not selected, no useful purpose would be served, for, the vacancy will lapse as the fifth respondent is in any event disqualified and cannot be selected.
14. Appearing on behalf of the first to third respondents (TNPSC), the learned Standing Counsel submits that the content of TNPSC’s Recruitment Notification is very clear. It is submitted that as per the said Notification, it was mandatory for the petitioner to have obtained a ______________ https://www.mhc.tn.gov.in/judis Page No 7 of 30 W.P.No.28251 of 2018 certificate course in “Computer on Office Automation (COA)” from the Directorate of Technical Education or its equivalence. It is submitted that the petitioner is not entitled for exemption in Annexure II to the Recruitment Notification.
15. It is further submitted that in M.A. (English), computing is only a subject. It is submitted that the course in Computing (Basic and Advanced) offered by the Madras University cannot be compared with advanced computer skills required for the post and cannot be treated on par with the Certificate Course in Computer on Office Automation (COA) awarded by the Directorate of Technical Education or its equivalent as per the Recruitment Notification.
16. He further submits that the petitioner was required to upload the application together with certificate of qualification in terms of relevant G.O before applying. It is submitted that even otherwise, the application was liable to be rejected as the petitioner did not posses requisite qualification as per the Recruitment Notification. ______________ https://www.mhc.tn.gov.in/judis Page No 8 of 30 W.P.No.28251 of 2018
17. The learned Government Advocate appearing for the fourth respondent also referred to the decision of the Hon'ble Supreme Court in Thahira P. Vs. State (UT of Lakshadweep), (2018) 6 SCC 446. He drew attention to Paragraph Nos.13,16 & 17 from the said decision, which reads as under:-
13. At this stage, it may be mentioned that in the meanwhile the University of Calicut looked into the equivalence issue and concluded on or about 9-5-
2016 that the degree in Malayalam and Sociology (Double Main) was equivalent to a degree in Sociology (Single Main) awarded by the University. That being the position, there cannot be any doubt that Thahirawas entitled to be considered for appointment to the post of Social Education Organiser.
16.There also must be some adherence to the time lines held out to all candidates. In the present case, all the candidates were informed that if they had any objection to the check-list, they should file an objection before 1 p.m. on 26-5-2011. Kadeeja did not file her objection within the prescribed time. As such, the Administration was fully justified in not considering her objection or rejecting it as being beyond the prescribed time. Adherence to such time-limits, if not strictly followed, can again lead to uncertainties particularly if other candidates also start raising objections after the cut-off date and providing some justification for the delay. In such circumstances, the process of selection would get bogged down and unduly prolonged which ______________ https://www.mhc.tn.gov.in/judis Page No 9 of 30 W.P.No.28251 of 2018 would neither serve the interest of the institution concerned nor the management of affairs of the institution.
17.Consequently, we are of the opinion that the Tribunal and the High Court needlessly opened up a new avenue for challenging the appointment of Thahira as Social Education Organiser. Both the Tribunal and the High Court ought to have exercised due restraint given the time-limits for raising an objection by the Administration and the actual objection raised by Kadeeja.
18. The learned Government Advocate appearing for the fourth respondent also referred to the counter affidavit, wherein, it has been stated that only those who possess a decree or diploma in Computer Application (or) Information Technology (or) Software Engineering (or) Computing (or) Computer Information Systems (or) Computer Design may be exempted from passing “Certificate Course in Computer on Office Automation” conducted by the Directorate of Technical Education.
19. The Computer Skills (Basic and Advanced) is not exempted to the Certificate Course in Computer on Office Automation. Hence, the requisition of the petitioner was rejected by the second respondent which is the right as per the norms.
______________ https://www.mhc.tn.gov.in/judis Page No 10 of 30 W.P.No.28251 of 2018
20. Appearing on behalf of the fifth respondent (private respondent), the learned counsel submits that the issue is no longer res- integra. He submits that in an identical case in W.P.No.25472 of 2018, following order was passed on 19.03.2019:-
“7. However all such details regarding their education deserves no consideration, in view of the fact that the qualification prescribed alone must be considered for the purpose of candidature of the persons who all are submitted an application to the post of Tourist Officer. This apart, regularisation of qualification and equivalence of course can never be granted by this Courts. The competent committee constituted under the rules must recommend to the Government for equivalent course and for regularisation of qualification and such a recommendation must be accepted by the Government only, with an order of equivalence of course and degrees granted by various Universities across the country. The Court cannot grant equivalence and otherwise, in respect of various qualifications possessed by the respective candidates.
8. This being the factum, admittedly, in view of the fact that the writ petitioner is not possessing the prescribed qualification of Certificate Course in Computer on Office Automation awarded by the Directorate of Technical Education or its equivalent, this Court is of the opinion that the relief as such sought for cannot be granted in contravention to the educational qualification prescribed in the Notification No.11 of 2017 issued ______________ https://www.mhc.tn.gov.in/judis Page No 11 of 30 W.P.No.28251 of 2018 in TNPSC dated 09.05.2017. Thus, there is no infirmity as such in respect of the order impugned passed by the respondent and accordingly, the present writ petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.”
21. Heard the learned Senior Counsel for the petitioner, the learned Standing Counsel for the first to third respondents (TNPSC), the learned Government Advocate for the fourth respondent and the learned counsel for the fifth respondent.
22. The facts are not in dispute. The petitioner has completed a Post Graduate Degree in M.A. (English) with a subject in Tourism. The Course all included a course in Computer viz. Computing - Basic and Computing - Advance in the II and IV Semesters respectively.
23. As per Notification No.11/2017 dated 09.05.2017, there were five vacancies for the post of Tourism Officer. The qualification prescribed are follows:-
5.EDUCATIONAL QUALIFICATION (as on ______________ https://www.mhc.tn.gov.in/judis Page No 12 of 30 W.P.No.28251 of 2018 09.05.2017) “Applicants should possess the following educational qualification awarded by any University or Institution recognised by the University Grants Commission on the date of this notification:
(a) (i) Post Graduate degree in Travel and Tourism (or)
(ii) Any Post graduate degree with one subject on Tourism (or)
(iii) Any Post graduate degree with diploma in Tourism
(iv) Any post graduate degree M.Phil in Tourism
b) Certificate course in Computer on Office Automation awarded by the Directorate of Technical Education or its equivalent and
c) Proficiency in English and Tamil Languages;
Provided that other things being equal, preference shall be given to the holders of MBA degree.
Explanation:
For proficiency in English and Tamil Languages applicants should have passed English Language and Tamil Language in Degree Course. (Para 11 of “instructions” to Applicants” will not apply to this recruitment) Note:
(1) The qualification prescribed for the post in this recruitment should have been obtained by ______________ https://www.mhc.tn.gov.in/judis Page No 13 of 30 W.P.No.28251 of 2018 passing the required qualification in the order of studies 10th + HSC or its equivalent qualification + UG Degree and PG Degree as the case may be as stipulated in section 25 of Tamil Nadu Government Servant (Conditions of Service) Act 2016.
(2) Applicants claiming equivalence of qualification to the prescribed qualification should upload and submit evidence for equivalence of qualification in the form of G.O. Issued prior to the date of this notification when called for, failing which their application will be summarily rejected. The G.Os issued regarding Exemption for Certificate Course in Computer on Office Automation is available in Annexure – II of this Notification.”
24. The petitioner has not undergone a Certificate Course in “Computer on Office Automation (COA)" awarded by the Directorate of Technical Education or its equivalent. Thus, the petitioner has not satisfied the condition (b) to Clause 5 of the Recruitment Notification.
25. The Recruitment Notification however exempts a candidate from possessing Certificate Course in Computer on Office Automation awarded by the Directorate of Technical Education or its equivalent in Annexure II to the said Notification. Annexure II to the said Notification reads as under:-
______________ https://www.mhc.tn.gov.in/judis Page No 14 of 30 W.P.No.28251 of 2018 Exempted Qualification in lieu of G.O. in which ordered Pass in Certificate Course in Computer on Office Automation Those who possess a Degree (or) Diploma in Computer Science (or) 1. G.O.Ms.No.130, Personnel Computer Engineering (or) Computer and Administrative Reforms Application (or) Information (S) Department, dated Technology (or) Software Engineering 22.07.2008.
(or) Computing (or) Computer Information Systems (or) Computer 2. G.O.(Ms) No. 26, Personnel Design approved by the UGC / All India and Administrative Reforms Council for Technical Education / (S) Department, dated Directorate of Technical Education or 23.02.2017. an equivalent body are exempted from passing the Certificate Course in Computer on Office Automation conducted by the Directorate of Technical Education.
26. To claim the exemption, the petitioner should have either completed a decree or diploma in :-
i. Computer Science; (or) ii. Computer Engineering; (or) iii. Computer Application; (or) iv. Information Technology; (or) v. Software Engineering; (or) vi. Computing; (or) vii.Computer Information Systems; (or) viii.Computer Design approved by the UGC / All India Council for Technical Education / Directorate of Technical Education or an equivalent body.
______________ https://www.mhc.tn.gov.in/judis Page No 15 of 30 W.P.No.28251 of 2018
27. Only persons who possess such qualifications are exempted from passing the Certificate Course in Computer on Office Automation conducted by the Directorate of Technical Education.
28. It is the contention of the petitioner that since Computing Skills (Basic and Advance) is included in curricula in the Post Graduate degree in M.A. (English), the petitioner was not required to get an exemption separately.
29. It is submitted that the petitioner had written papers on Computing Skills (Basic) in the II Semester and Computing Skills (Advanced) in the IV Semester which was more intensive than the Certificate Course in Computer on Office Automation (COA) offered by the Directorate of Technical Education.
30. A comparison between the Certificate Course in Computer on Office Automation (COA) offered by the Directorate of Technical Education and Computing Skills (Basic) in the II Semester and ______________ https://www.mhc.tn.gov.in/judis Page No 16 of 30 W.P.No.28251 of 2018 Computing Skills (Advanced) in the IV Semester prima facia appears to be more intensive and detailed. The following comparison may be referred:-
Certificate Course in Computer Computing Skills offered by UGC, on Office Automation (COA) University of Madras offered by the Directorate of Technical Education Unit 1 : Basic of Computer Unit 1 : Introduction to computers – classification of computers;
Computers inside-
Hardware(processing, memory i/o, storage etc), Software (Systems, application) Unit 2 : Operating Systems Ms- Unit 2 : Operating Systems – DOS, Window & Linux LINUX, UNIX, Windows ;
Programming – Overview, need and skills; Networking Basics; Virus; Hacking.
Unit 3 : Office Applications – I Unit 3 : M.S.Word processing – MS Office : MS-Word Operating of word documents Open Office : Writer like open, close, save print;
Editing Text – tools, formating, bullets, layout; Navigating word – Keyword, mouse, document formatting ; paragraph alignment – indention, headers, footers, numbering; printing – preview, options Unit 4 : Office Applications – II Unit 4 : M.S.Word Processing - Auto MS Office : MS-Excel formating; Paragraph and Open Office : Calc & character styles- creating, ______________ https://www.mhc.tn.gov.in/judis Page No 17 of 30 W.P.No.28251 of 2018 Certificate Course in Computer Computing Skills offered by UGC, on Office Automation (COA) University of Madras offered by the Directorate of Technical Education Math modifying and using styles;
Templates – modifying , attaching controlling; Tables and columns- creating, manipulating and formulating mail merge; labels-creating. Unit 5 : Office Applications – III Unit 5 : Spreadsheets – MS Excel – MS Office : MS-Access opening, entering text and data, Open Office : Base formating, navigating;
Formulas-entering handling and
copying; charts- creating,
formating and printing, header
and footer, centering of data;
printing.
Unit 6 : Office Applications – IV Unit 6 : MS Excel- Worksheets-
MS Office : MS-Power moving, copying, sorting,
Point inserting of cells, rows,
Open Office : Impress columns; Charts- creating,
editing, adding, rotating,
printing, deleting and
controlling; graphics- creating
and placing, drawing lines and
shapes; using multiple
worksheets; printing
Unit 7 : Internet & Advanced Unit 7 : MS Access – Data
Communication management Introduction,
concepts and terms; database
and tables- creating, data
types, editing fields, renaming,
resizing of fields, finding,
sorting and displaying of data
– printing.
______________
https://www.mhc.tn.gov.in/judis Page No 18 of 30 W.P.No.28251 of 2018 Certificate Course in Computer Computing Skills offered by UGC, on Office Automation (COA) University of Madras offered by the Directorate of Technical Education Unit 8 : Power point – presentation starting, browsing and saving, creating, editing, formating of text and paragraphs, inserting tables and charts;
Presentation through slides, handouts and printing : File Management – Importance of file management, backing of files, files and folders – editing, deleting, retrieving, renaming, subfolders;
Manipulating windows – minimize, maximize; power point basics- terminology-
templates, viewing.
Unit 9 : Networking – Internet explorer; www- working, browsing, searching, saving; bookmark- features, favorite, create, delete; printing webpage; email – creating, receiving, reading and sending messages.
Unit 10 : Graphics and Multimedia – Clip art – create and insert;
shapes- draw; insert and copy ; create a flow
31. Note to the Certificate Course in Computer on Office ______________ https://www.mhc.tn.gov.in/judis Page No 19 of 30 W.P.No.28251 of 2018 Automation (COA) offered by the Directorate of Technical Education reads as under:-
Note :
1. A candidate has to complete a minimum of 120 hrs. of training.
2. MS-OFFICE 2007, Linuz EduBoss-3.0 and OPEN OFFICE 3.2 to be followed for Theory and Practical Examinations.
3. No Course Material will be prepared and supplied by DOTE.
4. The weightage of Theory and Practical Examinations as follows.
(a) MS WINDOWS and MS OFFICE - 70%.
(b)LINUX and OPEN OFFICE.
32. The duration of this course offered by the Directorate of Technical Education is only six months and it is only a certificate course. It is a training programme followed by a Theory and Practical Examinations. A reading of the above syllabus of the Directorate of Technical Education indicates that the courses offered is a basic course in computer intended to cover those candidates who have no exposure in formal Computer Education. Though the course offered by the Directorate of Technical Education is titled as “Certificate Course in “Computer on Office Automation (COA)”, it prima facie appears to be a very basic ______________ https://www.mhc.tn.gov.in/judis Page No 20 of 30 W.P.No.28251 of 2018 Certificate Course intended to equip such of those candidates who have no formal education in computer application as use of computer is a must in various post in Government Service advertised by the Government of Tamil Nadu.
33. On the other hand, the course undergone by the petitioner M.A.(English) for two years appears to be formal education and appears to be prima facie more detailed.
34. The sealed cover furnished pursuant to the interim order dated 1.10.2021 was opened and perused. It is noticed that the petitioner had secured a total of 384.50 marks i.e. 321.50 marks in the written examination and 63 marks in the oral test.
35. The petitioner appears to be meritorious as the petitioner has secured a total of 384.50 marks. The oral test would have exposed the petitioner if the petitioner did not have requisite technical knowledge.
36. Further, the Directorate of Technical Education is not conducting any theory. A candidate has to merely complete 120 hours of ______________ https://www.mhc.tn.gov.in/judis Page No 21 of 30 W.P.No.28251 of 2018 training in the curriculum prescribed by the Directorate of Technical Education and write an exam to get the Certificate.
37. Since Computing Skills (Basic) and Computing Skills (Advanced) subject undergone by the petitioner in MA. (English) appears to be more detailed and intensive than 120 hours of training in the Certificate Course in Computer on Office Automation offered by the Directorate of Technical Education, the petitioner deserves a chance.
38. Prima facie the requirement of the petitioner to have obtained a separate Course Certificate in “Computer on Office Automation (COA)” awarded by the Directorate of Technical Education appears to be unnecessary for discharging the function. It was however the duty of the University of Madras to have approached the Department of Higher Education and obtained a suitable equivalence Certificate to facilitate the petitioner and others passing out to get employed.
39. Considering the fact that the petitioner has secured 384.50 ______________ https://www.mhc.tn.gov.in/judis Page No 22 of 30 W.P.No.28251 of 2018 marks, the denial of opportunity to the petitioner from being recruited to the post of Tourist Officer pursuant to notification No.11 of 2017 dated 09.05.2017 cannot be justified. At the same time, the Court cannot determine equivalence and substantiate the decision of the appointing authority.
40. Therefore, while accepting the view of this Court in W.P.No.25472 of 2018 that the Court cannot grant equivalence and otherwise, in respect of various qualifications possessed by a candidate, to meet the ends of justice, this can be relegated to the Expert Committee constituted by the Government of Tamil Nadu to examine whether the petitioner has the required educational qualification for the post of Tourist Officer and whether the Petitioner was required to have separately obtained a qualification from the Directorate of Technical Education in the form of Certificate Course in Computer on Office Automation.
41. Considering the fact that the petitioner has secured 384.50 marks and considering the fact that the comparison of subject undergone ______________ https://www.mhc.tn.gov.in/judis Page No 23 of 30 W.P.No.28251 of 2018 by the petitioner in Computing (Basic And Advanced) in the M.A. (English) Literature appears to be more intensive than the Certificate Course in “Computer on Office Automation (COA)” offered by the Directorate of Technical Education, the view of the Equivalence Committee may be elicited.
42. If the Certificate Course undergone by the petitioner though not specifically covered in Annexure II to the Notification meets the technical requirements to discharge the function of a Tourist Officer, the respondent may issue an order of appointment to the petitioner.
43. It is noticed that the Government of Tamil Nadu by a G.O.Ms.No.441, Personnel & Administrative Reforms (Per.R) Department, dated 20.12.1993 constituted an Expert Committee to examine the requests of Educational Institutions to recognize the courses offered by them for the purpose of appointment in Public Services. The said Committee is constituted under the Chairmanship of the Chairman, Tamil Nadu Public Service Commission with the following members:-
i. The Vice-Chancellor of the Madras University ______________ https://www.mhc.tn.gov.in/judis Page No 24 of 30 W.P.No.28251 of 2018 ii. The Vice-chancellor of the Annamalai University iii. The Secretary to Government of Tamil Nadu Personnel and Administrative Reforms Department iv. The Secretary to Government of Tamil Nadu, Education Department v. The Director of Collegiate Education, Madras vi. The Director of Technical Education, Madras
44. As per the aforesaid G.O., all requests for recognition of courses for purposes of employment in Government are to be forwarded to the Secretary, Tamil Nadu Public Service Commission for being placed before the Committee constituted for the aforesaid purpose. Though the said Committee is to meet once in a year and as and when a need arises, I am of the view that the Committee can be directed to examine whether the qualification of the petitioner in M.A. (English) meets the technical requirements.
45. It is noticed that the Member Secretary (FAC), Tamil Nadu State Council for Higher Education had examined the resolution passed in the 5th Equivalence Committee (through circulation) dated 17.12.2020 under the Chairmanship of the Principal Secretary to Government, Higher Education Department, on the specialized course, viz. M.Com. (Co- ______________ https://www.mhc.tn.gov.in/judis Page No 25 of 30 W.P.No.28251 of 2018 operative Management) awarded by Annamalai University and concluded to be not equivalent to the Junior Grade Accountancy examination conducted by Directorate of Technical Education and requested the Government to issue appropriate orders.
46. In the G.O. (Ms) No.3, Higher Education (K1) Department, dated 06.01.2021, the subject on reference and recommendation of the committee was captured as follows:-
Item Subject Recommendation
No.
1 Public Services – Educational Not Equivalent
Qualification of M.Com. (Co-operative Management) (2003-04) offered by Annamalai University as to whether equivalent to Junior Grade Accountancy Examination conducted by the Directorate of Technical Education for the purpose of Departmental promotion.
47. The Government of Tamil Nadu in the said G.O. observed as under in para 3:-
3. The decree so placed in the Equivalence ______________ https://www.mhc.tn.gov.in/judis Page No 26 of 30 W.P.No.28251 of 2018 Committee are however considered as basic decree/post graduate degree, as the case may be, as per the University Grants Commission Norms”
48. The first to third respondents are therefore directed to refer the case of the petitioner to the Equivalence Committee which is the Competent Authority for obtaining appropriate clarification as to whether the course undergone by the petitioner in computing (Basic and Advanced) includes the all subjects in the Certificate Course in Computer on Office Automation (COA) offered by the Directorate of Technical Education or not.
49. This exercise shall be carried out by the first to third respondents, within a period of thirty (30) days from the date of receipt of a copy of this order. The aforesaid Competent Authority may give its view to the official respondents herein within a period of thirty (30) days thereafter.
50. In case the petitioner is found having requisite qualification to discharge the function of Tourist Officer, the first to third respondents ______________ https://www.mhc.tn.gov.in/judis Page No 27 of 30 W.P.No.28251 of 2018 shall proceed to issue appointment letter to the petitioner as a Tourist Officer, within a period of thirty (30) days thereafter subject to the petitioner possessing requisite qualifications.
51. The claim of the petitioner that he belongs to MBC viz., Vannar, may also be carefully scrutinized as the name of the petitioner’s father is C.S.Nair. The Community Certificate issued by the Tahsildar which has been referred in the Application appears to be prima facie of suspect as Nair Community is not a MBC in Tamil Nadu and is a forward community in Kerala.
52. Needless to state, in case the petitioner is to be appointed, he shall not be eligible for any arrears of salary or seniority on par with those who have already been appointed.
53. This Writ Petition stands disposed with the above observations. No costs. Consequently, connected Miscellaneous Petition is closed. ______________ https://www.mhc.tn.gov.in/judis Page No 28 of 30 W.P.No.28251 of 2018 29.11.2021 Internet : Yes/No Index : Yes / No jen To
1.The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai – 600 003.
2.The Under Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai – 600 003.
3.The Controller of Examination, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai – 600 003.
4.The Director of Technical Education, The Directorate of Technical Education, No.53, Sardar Patel Road, Guindy, Chennai – 600 025.
C.SARAVANAN, J.
jen ______________ https://www.mhc.tn.gov.in/judis Page No 29 of 30 W.P.No.28251 of 2018 Pre-Delivery Order in W.P.No.28251 of 2018 and W.M.P.No.32937 of 2018 29.11.2021 ______________ https://www.mhc.tn.gov.in/judis Page No 30 of 30