J.Bhuvaneswari v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR J.Bhuvaneswari

...Petitioner

Vs 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Social Welfare and Nutritious Meals Programme Department, Secretariat, Chennai - 600 009.

2.The Tamil Nadu Public Service Commission, Rep. by the Secretary, Frazer Bridge Road, Park Town, Chennai - 600 003.

3.The State of Tamil Nadu, Rep. by the Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents herein to select and appoint the petitioner as Child Development Project Officer for the year 2012-2013 in Tamil Nadu Social Welfare Nutritious Meals Programme 1/8

Department, by passing appropriate orders and to grant all consequential benefits to the petitioner.

For Petitioners : Mr.M.Ravi For Respondents : Mr.K.H.Ravikumar Government Advocate for R1 and R3 Mr.R.Bharanidharan for R2

O R D E R

The brief facts that are relevant for disposal of the Writ Petition are as under:

In response to the notification issued by the second respondent herein on 28.11.2014 for recruitment to the post of Child Development Project Officer for the year 2012 - 2013, the petitioner submitted her application and appeared in the written examination held on 15.02.2015 and she came out as successful candidate and was found provisionally eligible to participate in the oral test. The petitioner was directed to appear for certificate verification which she duly attended on 12.08.2015. The petitioner was allowed to appear for written examination based on the details furnished in the petitioner's online application. In terms of online application submitted by the petitioner, the petitioner declared that she possessed a degree in Nutrition, thereby qualifying herself to participate in the recruitment process as per the eligibility criteria mentioned in the 2/8

notification dared 28.11.2014. However, during the certificate verification, it was found that the petitioner does not possess the educational qualification as prescribed in the said notification. Though the petitioner contended that the petitioner was called for oral test, nothing was placed on record to show that the petitioner was issued with any such intimation. Since the petitioner was not notified for the oral test, the respondents 2 and 3 proceeded with finalizing the list by requiring other eligible candidates to appear for the oral test. Aggrieved by her exclusion, the petitioner approached this Court by filing the present writ petition, contending that she was illegally denied consideration for appointment to the post of Child Development Project Officer.

2. In response to the notice issued by this Court, the second respondent filed a counter affidavit, contending that the petitioner does not possess the requisite educational qualification as prescribed in the notification dated 28.11.2014. For this reason, the petitioner's candidature was rejected at the stage of certificate verification. 3/8

3. In the light of the above factual averments, issue to be considered by this Court is whether the petitioner possesses the required qualification for the post of Child Development Project Officer or not as prescribed in the notification dated 28.11.2014. The educational qualification prescribed in the notification is: "a degree in Nutrition (or) degree in Home Science (or) a degree with a PG Diploma in Rural Services of Gandhigram University. The Candidates claiming equivalence of qualification should upload the evidence of qualification for such claim in the form prescribed, under the Government order issued prior to the date of the notification. No relaxation with respect to the prescribed educational qualification was permitted.

Further, candidates claiming equivalence of qualification were required to upload evidence for such a claim in the form of a Government Order issued prior to the date of the notification. The Government Order issued after the date of notification will not be accepted. The petitioner claims eligibility for the post of Child Development Project Officer, on the ground that she possess a degree in B.Sc Nutrition and Dietetics from Periyar University and M.Sc (Foods and Nutrition) from Bharathiar University, along with M.Phil., and Ph.D. from Periyar University.

conform to the prescribed educational qualifications specified in the notification for the post of Child Development Project Officer.

4. Though it is contended by the learned counsel for the petitioner that the petitioner possesses a Nutrition and Dietetics degree, and therefore the same has to be construed as degree in Nutrition as well as Dietetics, this Court is unable to accept the said submission. A degree in Nutrition and a degree in Nutrition and Dietetics are distinct and cannot be treated as equal, especially when the qualification prescribed in the recruitment notification for the post of Child Development Project Officer specifically requires a degree in B.Sc. in Nutrition. Admittedly, the petitioner does not possess the said qualification. In the facts and circumstances of the case, once it is established that the petitioner does not possess the requisite educational qualification, the question of considering her case for appointment to the post of Child Development Project Officer does not arise.

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5. In such circumstances, this Court does not find any illegality or irregularity in the action of the respondents warranting interference under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. No costs.

23.06.2025 Index : Yes/No Speaking order:Yes/No ub 6/8

To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Social Welfare and Nutritious Meals Programme Department, Secretariat, Chennai - 600 009.

2.The Tamil Nadu Public Service Commission, Rep. by the Secretary, Frazer Bridge Road, Park Town, Chennai - 600 003.

3.The State of Tamil Nadu, Rep. by the Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

MUMMINENI SUDHEER KUMAR, J.

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ub W.P.No.27963 of 2015 23.06.2025 8/8