V.Balamurugan v. The Tamil Nadu Public Service Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.6628 of 2024 V.Balamurugan ... Petitioner -Vs1. The Tamil Nadu Public Service Commission, represented by its Secretary, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
2. The Annamalai University, represented by its Registrar, Annamalai Nagar, Chidambaram - 608 002.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Declaration, declaring that the degree of Master of Science in Agriculture with the optional subject being Agricultural Economics awarded by the Annamalai University is the same as the qualification prescribed for the post of Assistant Director of Agriculture (Extension) in clause 5B of the Notification dated 12.01.2023 as a degree of M.Sc. In Agricultural Extension and it is not necessary for the petitioner to produce any equivalent GO for the PG degree and consequently issue a direction to the first respondent to call the petitioner for oral test for filling up the post of Assistant Director of Agriculture (Extension) pursuant to Notification No.01/2023, dated 12.01.2023 read with
Notification No.1B/2023, dated 05.05.2023.
For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for M/s C.Uma For R1 : Mr.Abrar Mohamed Abdullah Standing Counsel
ORDER
This writ petition has been filed for the issuance of Writ of Declaration, declaring that the degree of Master of Science in Agriculture with the optional subject being Agricultural Economics awarded by the Annamalai University is the same as the qualification prescribed for the post of Assistant Director of Agriculture (Extension) in clause 5B of the Notification dated 12.01.2023 as a degree of M.Sc. In Agricultural Extension and it is not necessary for the petitioner to produce any equivalent GO for the PG degree and consequently issue a direction to the first respondent to call the petitioner for oral test for filling up the post of Assistant Director of Agriculture (Extension) pursuant to Notification No.01/2023, dated 12.01.2023 read with Notification No.1B/2023, dated 05.05.2023.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner is qualified with B.Sc degree in Agriculture in the year
2019 from Annamalai University. He also underwent Master of Science in Agriculture - Agricultural Extension during the years 2019 to 2021. He had qualified with the degree of Master of Science in Agriculture - Agricultural Extension and a provisional certificate dated 13.08.2021 was issued in his favour and he had secured Grade Point Average of 9.16 GPA out of 10 GPA. While being so, a notification was issued by the first respondent in Notification No.01/2023 dated 12.01.2023 calling for applications for direct recruitment to the post of Assistant Director of Agriculture (Extension) included in the Tamil Nadu Agricultural Extension Service. The Clause 5(B) of the notification is as follows:- " A degree of M.Sc in Agricultural Extension or Agricultural Economics.
Provided that other things being equal, preference shall be given to those who possesses the M.Sc., degree in Agricultural Extension."
4. The petitioner, being qualified with M.Sc degree in Agriculture - Agricultural Extension, applied for the post of Assistant Director of Agriculture (Extension). He also attended written examination and he was provisionally admitted to onscreen certificate verification in the ratio of 1:3/1:4 for the post of Assistant Director of Agriculture (Extension) included in the Tamil Nadu Agricultural Extension Service. The petitioner had uploaded the PG degree equivalence GO. The Registrar, Annamalai University, issued a letter dated
27.11.2023, stating that the optional subject that are mentioned in the Degree certificate of the petitioner was issued by Annamalai University Extension is to denote the students option for his specialization in Post-Graduation. Agricultural Extension is his major/core/main subject for the award of the degree on successful completion. The degree awarded to him by the University is Master of Science (Agriculture) in Agricultural Extension, with due credit and grade points in Agricultural Extension as prescribed by Indian Council of Agricultural Research (ICAR) and as followed in all other State Agricultural Universities. Therefore, the degree programme of Master of Science (Agriculture) in Agricultural Extension awarded by Annamalai University is a prescribed qualification on par with the notification issued by the first respondent.
However, in the list dated 17.02.2024, the candidature of the petitioner was not included in Phase II list, for the reason that the petitioner is one of the 29 candidates who did not submit evidence of equivalence of qualification to the prescribed educational qualification. On 21.02.2024, the petitioner wrote a letter to the first respondent requesting to accept the clarification letter dated 27.11.2023 issued by the second respondent.
5. The learned Standing Counsel appearing for the first respondent would submit that the letter and the clarification submitted by the second respondent
have been duly accepted by the first respondent and the petitioner's candidature has been accepted.
6. In view of the above, the first respondent is directed to permit the petitioner for oral test for filling up the post of Assistant Director of Agriculture (Extension), forthwith.
7. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.
07.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Tamil Nadu Public Service Commission, represented by its Secretary, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
2. The Annamalai University, represented by its Registrar, Annamalai Nagar, Chidambaram - 608 002.
07.03.2024