Madras High Court
M.Ellappan vs The State Of Tamil Nadu on 6 November, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.26608 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.26608 of 2024
and
W.M.P.No.29121 of 2024
1. M.Ellappan
2. T.Balamurugan
3. S.Surya Prakash ... Petitioners
Vs.
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Revenue & Disaster Management Department,
Survey & Settlement Wing SS2 (2) Section,
Fort St.George, Chennai – 600 009.
2. The Tamil Nadu Public Service Commission,
Rep. by its Secretary,
TNPSC Road, VOC Nagar,
Park Town, Chennai – 600 003. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Declaration, declaring the Advertisement No.692,
Notification No.11/2024 dated 13.08.2024 issued by the 2nd respondent
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W.P.No.26608 of 2024
inviting applications for the Combined Technical Services Examination is
arbitraty and violative of Article 14 of the Constitution of India insofar as
it relates to the post of Field Surveyor, Draftsman and Surveyor – cum –
Assistant Draughtsman are concerned and consequently direct the 2nd
respondent to issue a fresh notification for the posts of Field Surveyor,
Draftsman and Surveyor – cum – Assistant Draughtsman rectifying all
the discrepancies and give a fresh date for exam giving atleast 90 days to
prepare for the Combined Technical Services Examination (ITI Level) for
the posts of Field Surveyor, Draftsman and Surveyor – cum – Assistant
Draughtsman by specifying a common Syllabus for both Diploma and BE
Degree holders in Civil Engineering on the one hand and ITI Certificate
Holders on the other hand.
For Petitioners : Mrs.Nalini Chidambaram
Senior Counsel
For R1 : Mrs.S.Mythreye Chandru
Special Government Pleader
For R2 : Mr.P.J.Rishikesh
Standing Counsel
ORDER
This Writ Petition has been filed challenging the notification issued by the 2nd respondent dated 13.08.2024 as violative of the existing Rules and for a consequential direction to the 2nd respondent to issue a fresh https://www.mhc.tn.gov.in/judis 2/12 W.P.No.26608 of 2024 notification for the post of Field Surveyor, Draftsman and Surveyor-cum-
Assistant Draftsman by rectifying all the discrepancies and specify a common syllabus for both Diploma and B.E. Degree holders in Civil Engineering and I.T.I. Certificate holders.
2. The TNPSC has invited applications for direct recruitment to various technical posts in Combined Technical Services Examination (Diploma/ITI level) in the Notification No.11/2024, dated 13.08.2024 through its Website. The educational qualification prescribed for the above said posts, is as follows:
S.No. Name of the Posts Educational Qualifications 26 Draftsman (i) A Diploma in Civil Engineering from any Institute approved by All India Council for Technical Education (or)
(ii) National Trade Certificate (NTC) in the trade of Draftsman (Civil) awarded by National Council for Vocational Training (for Draftsman) (or)
(iii) A Certificate in Army Trade Draftsman (field) issued by Madras Engineering Group. 27 Field Surveyor (i) A Diploma in Civil Engineering from any Institute approved by All India Council for Technical Education (or)
(ii) National Trade Certificate (NTC) in the trade of Surveyor awarded by National Council for Vocational Training (for Surveyor) (or)
(iii) A Certificate in Army Trade Surveyor https://www.mhc.tn.gov.in/judis 3/12 W.P.No.26608 of 2024 S.No. Name of the Posts Educational Qualifications (field) issued by Madras Engineering Group.
Other things being equal, preference shall be given to
(a) Candidates with Industrial Training Institute qualification in survey;
(b) Demobilized person from any of the defence services 28 Surveyor-cum- (i) A pass in the Draughtsmanship (Civil) Assistant- course under the revised syllabus introduced Draughtsman from July 1952, conducted by the Government of India Ministry of Labour; or
(ii) Engineering Group and Centre; or
(iii) A certificate in Draughtsman (Civil) issued by the Craftsman Training Centre; or
(iv) The National Trade Certificate (NTC) of Draftsman (Civil) Trade or Surveyor Trade awarded by the National Council for Training in Vocational Trades, Government of India through Industrial Training Institute and completion of successful training in apprenticeship under the Apprentices Act 1961; or
(v) Must possess a Diploma in Civil Engineering.
3. When the matter was taken up for hearing on 25.10.2024, this Court has passed an interim order by stating as follows:
“..... b) The amendment to the Special Rules and the Notification only contemplates qualification of Diploma in Civil Engineering and whereas, it is proposed to conduct two separate examinations - one for the Diploma holders and the other for the I.T.I. holders. Conducting separate https://www.mhc.tn.gov.in/judis 4/12 W.P.No.26608 of 2024 examinations for I.T.I. holders is not warranted, since the Special Rules does not contemplate I.T.I. as a qualification. That apart, the Notification also does not contemplate any ratio between Diploma holders and I.T.I. holders. The evaluation for both of them is going to be done separately. The syllabus for the Diploma holders and the syllabus for the I.T.I. holders and their standard is completely different. The notification does not have any clarity as to how they are going to treat the Diploma holders and the I.T.I. holders in tandem.
3.The learned Standing Counsel appearing on behalf of TNPSC submitted that by virtue of G.O.Ms.No.108, dated 11.03.2022, the table which inserted was to form part after Sub Rule (d). Therefore, the preference that has been mentioned in the notification is in line with the old Rule which contemplated such preference and which was not supplanted by virtue of G.O.Ms.No.108, dated 11.03.2022. Therefore, it was submitted that the prescription of qualification in the notification is well in line with the Rules
4.Insofar the second issue is concerned, the learned Standing Counsel wants to take instructions.
5.In the considered view of this Court, the https://www.mhc.tn.gov.in/judis 5/12 W.P.No.26608 of 2024 petitioners have rightly challenged the notification even at the inception, since they cannot participate in the selection and later turn around and question the notification. Therefore, the stage at which this notification has been challenged is perfectly in order.
6.The learned Standing Counsel appearing on behalf of TNPSC has to necessarily get some clarity on the second issue. There is no use in proceeding further with the selection without having a clarity as to why I.T.I. holders are dealt with separately when the Rule itself does not contemplate I.T.I. as a qualification. At the best, the Rule only talks about giving preference to the I.T.I. Holders. That apart, even if the I.T.I. holders who are also having a diploma are permitted to participate, there can only be a common examination and no useful purpose will be served in having two separate examinations for I.T.I. and Diploma holders. Even if separate examination is conducted, the notification does not contemplate any ratio between the Diploma holders and the I.T.I. Holders.
7. All the above questions that have been raised must be answered by TNPSC. There is no use in dealing with these issues after going ahead with the selection, since third party rights will be involved at a later point of time.
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8. Post this writ petition at the end of the motion list on 30.10.2024.”
4. When the matter, thereafter, came up for hearing on 30.10.2024, this Court has passed an interim order by stating as follows:
“..... 4.In the considered view of this Court, the issue that was raised by this Court at paragraph No.6 of the earlier order passed on 25.10.2024 will have to be resolved before the examination is conducted. This is in view of the fact that large number of candidates are going to take the examination and if ultimately, the Court interferes with the method that has been prescribed in the Notification, it will totally unsettle the selection process and it will cause more hardship to the candidates. It is also brought to the notice of this Court that in so far as the three posts, nearly 483 vacancies will have to be filled up. Therefore till there is some clarity in this regard, there is no question of permitting the Tamil Nadu Public Service Commission (TNPSC) to conduct the examination.
5.This Court finds that a prima facie case has been made out and hence, there shall be a direction to the TNPSC not to proceed further with the examination https://www.mhc.tn.gov.in/judis 7/12 W.P.No.26608 of 2024 that is slated to be held on 09.11.2024 and 14.11.2024. Until a solution is found out, conducting the examination will cause only more confusion. The selection process shall be kept in abeyance for those 483 vacancies until further orders are passed by this Court.
6.Post this case at the end of the motion list on 06.11.2024.”
5. As per paragraph 6.1.1 of Notification dated 13.08.2024, subject paper – II for the posts of Draughtsman, Field Surveyor and Surveyor-
cum-Assistant Draughtsman, as follows:
Sl.No. Post Post Subject existing as Subject Standard (1) (2) Code per Notification Code (6) (3) (Standard) (5) (4) 1 Draftsman - Civil Engineering 299 Diploma Trade -
Draughtsman (Civil) 388 ITI
2 Field Surveyor - Civil
Engineering 299 Diploma
Trade -
Surveyor 387 ITI
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Sl.No. Post Post Subject existing as Subject Standard
(1) (2) Code per Notification Code (6)
(3) (Standard) (5)
(4)
3 Surveyor-cum- 3234 Trade -
Assistant Surveyor 387 ITI
Draughtsman
Trade-Draughtsman
(Civil) 388 ITI
Civil Engineering 299 Diploma
6. The Learned Standing Counsel appearing for TNPSC would submit that, the examination for the posts of Draftsman (Serial No.26) and Field Surveyor (Serial No.27) has been postponed and date of examination for the said posts will be announced later, after consultation with the Commission and sufficient time will be provided to the candidates to appear for the examinations to the said posts. He would further submit that, the examination for the post of Field Surveyor (Survey and Land Records) will be conducted in the subject paper Trade – Surveyor (Subject Code No.387) and examination for the post of Draughtsman (Survey and Land Records) will be conducted in the subject paper Trade – Draughtsman (Subject Code No.388), which will be having only (ITI Standard) Syllabus.
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7. As far as Serial No.28 (Post of Surveyor-cum-Assistant-
Draughtsman) is concerned, the Learned Standing Counsel would submit that, all the three subject papers i.e., Trade – Draughtsman, Trade – Surveyor and Civil Engineering (Diploma Standard) have been prescribed for the post of Surveyor-cum-Assistant-Draughtsman (Town and Country Planning). For I.T.I holders and Diploma holders, a common examination has to be held in future. Hence, the post of Surveyor-cum-Assistant-
Draughtsman has been withdrawn by the Commission.
8. The Learned Standing Counsel for TNPSC would further submit that, the examination of Paper-I in respect of the above said posts is scheduled to be held on 09.11.2024 and 14.11.2024 and only for Paper-II, the examination has been postponed for the above said posts.
9. In view of the submission made by the Learned Standing Counsel, this Court is of the view that, the examination of Paper-I for the posts of Draughtsman (Serial No.26) and Field Surveyor (Serial No.27) may be conducted on 09.11.2024 and 14.11.2024 as scheduled by the Commission. Insofar as examination of Paper-II for the posts of Draughtsman and Field Surveyor are concerned, the Commission may https://www.mhc.tn.gov.in/judis 10/12 W.P.No.26608 of 2024 consult and issue a fresh notification by specifying common syllabus for both Diploma and I.T.I holders and sufficient time to be given to the candidates to appear for the exam. The examination for the post of Surveyor-cum-Assistant-Draughtsman has been withdrawn by the Commission. Hence, it is for the Commission to issue a notification (addendum) for common exam for the post of Surveyor-cum-Assistant-
Draughtsman for both Diploma and I.T.I holders.
10. With these observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
06.11.2024 raja Index : yes/no Internet : yes/no Note: Issue order copy on 08.11.2024 V.BHAVANI SUBBAROYAN, J.
raja To https://www.mhc.tn.gov.in/judis 11/12 W.P.No.26608 of 2024
1. The Secretary to Government, Revenue & Disaster Management Department, Survey & Settlement Wing SS2 (2) Section, Fort St.George, Chennai – 600 009.
2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai – 600 003.
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