C.Kalaiselvi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.2750, 2751 and 2752 of 2024 C.Kalaiselvi ... Petitioner -Vs1.The State of Tamil Nadu, Represented by its Secretary to Government, Higher Education Department, Fort St.George, Chennai - 600 009.
2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to consider the candidature of the petitioner for the post of Assistant Statistical Investigator notified in Notification No.27 / 2022 dated 15.09.2022 issued by the second respondent treating the petitioner's Educational Qualification of B.Sc.Mathematics and Applied Mathematics degree as equivalent to B.Sc. Mathematics degree as per law, within a time frame fixed by this Hon'ble Court.
For Petitioner : Mr.S.Sathia Chandran For R1 : Mr.K.Surendran Additional Government Pleader For R2 : Mrs.G.Hema Standing Counsel
ORDER
This writ petition has been filed for direction directing the second respondent to consider the candidature of the petitioner for the post of Assistant Statistical Investigator notified in Notification No.27 / 2022 dated 15.09.2022 issued by the second respondent treating the petitioner's Educational Qualification of B.Sc.Mathematics and Applied Mathematics degree as equivalent to B.Sc. Mathematics degree as per law, within a time frame fixed by this Hon'ble Court.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner is qualified with B.Sc. Mathematics and Applied Mathematics in Avinashilingam Institute for Home Science and Higher Education for Women, during the academic years 2006-2009. Thereafter, she also studied MS-Office and Programming in C and VB Access as one of the
Ancillaries. She also pursued her Master of Philosophy in the Mathematics and Doctor of Philosophy in Bharathiyar University. As per the notification dated 15.09.2022 in Notification No.27/2022, she applied for the post of Assistant Statistical Investigator.
4. The Educational qualification for the said post is as follows:- Name of the Post Educational Qualification Assistant Statistical Investigator Degree in Statistics or Degree in Mathematics/ Computer Science/Economics/Computer Application with Statistics as on ancillary/allied subject or any degree with post graduate degree in Operation Research/Econometrics/Mathematical Economics. Provided that the candidates with the above Degrees other than statistics including Bayes Theorem in Probability, Probability distribution like Binomial Poisson, Normal, t, Chi-Square & F, Probability Generating Functions, Moment Generating Function, Theory of Estimation, Testing of Hypothesis using various Statistical Tests like Z, t, F, Chi-Square, basics of Multiple Regression and Multivariate analysis and Sampling design. In addition, they should have basic skill in using Ms-Excel for statistical data analysis.
5. She had appeared for the written examination and scored 355.5 marks out of 450 marks. She was placed as State Rank -6 and Communal Rank-5. On 13.12.2023, the second respondent published a list of candidates who have been provisionally admitted for on screen certificate verification. Accordingly,
by the communication dated 28.11.2023, the petitioner was directed to upload her self-declaration for possessing knowledge in MS Excel and Equivalence G.O for prescribed Educational qualification. Thereafter, by the E-mails dated 02.12.2023 and 07.12.2023, the petitioner sought for a clarification as to the equivalence of her degree. Immediately, after qualifying the written examination, all the students were directed to appear for certificate verification. However, the petitioner was not called for certificate verification and she was asked to produce the relevant certificates and equivalence GO. Therefore, she made a representation to the respondents. Unless the petitioner produces a degree certificate as equivalent to B.Sc, Mathematics by the relevant Government Order, it cannot be considered by the second respondent for selection of post of Assistant Statistical Investigator.
6. Considering the above facts and circumstances of the case, the first respondent is directed to verify the qualification obtained by the petitioner viz., B.Sc. Mathematics and Applied Mathematics is equivalent to B.Sc. Mathematics and accordingly, pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. The first respondent is directed to keep one post of Assistant Statistical
Investigator as vacant, till then. On receipt of the order, if the qualification of the petitioner is declared as equivalent, the second respondent is directed to consider the case of the petitioner and if she is within the zone of selection, appoint her in the post of Assistant Statistical Investigator.
7. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.
05.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Secretary to Government, The State of Tamil Nadu, Higher Education Department, Fort St.George, Chennai - 600 009.
2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.
05.02.2024