P.Kannan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.07.2024
CORAM
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI P.Kannan
...Petitioner
vs.
1. The Chairman, Tamil Nadu Uniformed Services & Recruitment Board, Chennai - 2
2. The Secretary to Government, Home (Police IV) Department, Fort St. George, Chennai - 9 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration, declaring the method of acquiring graduation prescribed in educational qualification prescribed for the post of Sub Inspector of Police for the year 2010 in clause XVII (2) as per the advertisement No.110 dated 01.04.2010 issued by the 1st respondent for the 20% departmental candidates is null and void and ultra vires of the service rules.
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For Petitioner : Mr.K.Santhosh Kumar For Respondents : Mr.P.Kumaresan Additional Advocate General assisted by Ms.D.Sowmi Dattan Standing Counsel for R1 : Mr.S.Rajesh Government Advocate for R2
ORDER
The declaration is sought for that the method of acquiring graduation prescribed in educational qualification for the year 2010 in clause XVII (2) as per the advertisement No.110 dated 01.04.2010 issued by the 1st respondent for the 20% departmental candidates as null and void and ultra vires of the service rules.
2. Heard Mr.K.Santhosh Kumar, learned representing counsel for the petitioner, Mr.P.Kumaresan, learned Additional Advocate General assisted by Ms.D.Sowmi Dattan, learned Standing Counsel for the first respondent and Mr.S.Rajesh, learned Government Advocate for the second respondent.
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3. The writ petitioner who was directly recruited as Grade II Police Constable through a selection conducted by the Tamil Nadu Uniformed Services Recruitment Board, Chennai on 31.10.1997. He was upgraded as Grade I Police Constable in the year 2007. As regards the educational qualification, the petitioner submits that he has completed 10th standard and failed in Plus Two. Thereafter, he got Master's Degree in History from the Annamalai University in May 2004. The petitioner did not complete his Plus Two course and Bachelor's Degree.
4. As per Advertisement No.110 dated 01.04.2010, the educational qualifications is extracted hereunder:
"the candidates should possess a degree from an University or Institution recognised by UGC prior to the notification. Any candidate who possesses the degree under Open University Scheme must have passed 10th standard SSLC examination and +2 Higher Secondary Examination prior to obtaining the degree in UG/PG. If the candidate possesses Post Graduate degree through Open University without undergoing the Under Graduate degree the same will not be accepted."
5. The relevant portion of G.O.Ms.No.107 dated 18.08.2009 is Page No.3/7
also culled out, which is extracted as follows: "The Government carefully examined this recommendation and having decided to accept the recommendation of the Equivalence Committee issues an order recognizing the degrees in Diploma/ Degree/ Post Graduate degrees obtained through Open Universities only after having passed secondary school examination (10th std) and higher secondary school examination (+2) alone for appointment/ promotion in Public Services."
6. The petitioner did not do his Plus Two course and Bachelor Degree after completion of 10th standard. The issue of educational qualification was resolved by the Order of Full Bench of this Court. Wherein validity of G.O.Ms.No.107 has been upheld and a consistent stand has been taken as regards the requirements of educational qualification namely 10+2+3 is mandatory one and failure to comply with the educational qualification would result in disqualification. The petitioner has not completed Plus Two course and Bachelor Degree. The petitioner did not possess the requisite qualification for applying to the post of direct recruitment Sub Inspector of Police as required in the above said notification. Therefore, he is not eligible to apply for the post of Sub Inspector of Police.
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7. Based on the aforestated discussions, this writ petition stands dismissed. There is no order as to costs. Consequently, connected miscellaneous petition, if any stands closed. 16.07.2024 (4/11) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No mac To
1. The Chairman, Tamil Nadu Uniformed Services & Recruitment Board, Chennai - 2
2. The Secretary to Government, Home (Police IV) Department, Fort St. George, Chennai - 9 Page No.5/7
R.KALAIMATHI, J.
mac 16.07.2024 (4/11) Page No.6/7
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