K. Mohandoss v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17037 of 2011 Mr.K.Mohandoss .. Petitioner Vs.

1.The Secretary to Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai -9.

2.The Secretary to Government, Higher Education Department, Fort St. George, Chennai-9.

3.The Member Secretary, Tamil Nadu Public service Commission, Greams Road, Chennai-6.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 3rd respondent to confirm the selection of the petitioner placed whose name found in the with held list dated 17.11.2009 in the combined subordinate Services Examination-12008 (Group-II) in order to initiate further selection processes for allotting the appropriate notified post to the petitioner, according to the merit as well as in consonance with the rules of reservation and consequently recommending the selection of the petitioner to the appropriate Department for the issuance of appointment order in the said CSSE-1-2008.

For Petitioner : Mrs.G.Sridevi For Respondents : Mr.K.Thangapandi for RR1 & 2 Government Advocate : Dr.M.Devendran for R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The relief sought for in this Writ Petition is to direct the third respondent to confirm the selection of the petitioner placed whose name found in the With held list on 17.11.2009 in the combined subordinate Services Examination-1-2008 (Group-II) in order to initiate further selection processes. 2.The learned Counsel appearing for the writ petitioner states that the name of the petitioner was included in the with held list for want of verification of the educational qualifications and certificates.

3.The learned Government Advocate appearing on behalf of the respondents informed this Court that the writ petitioner has passed the degree through open University system and therefore, he is not qualified for appointment. The Hon'ble Supreme Court of India also held that the degree granted through open university system without undergoing the regular pattern of education as per the Under Graduations Commission are invalid. Thus, the case of the petitioner cannot be considered. 4.In view of the submission, no further adjudication needs to be undertaken in the Writ Petition. Accordingly, the Writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai -9.

2.The Secretary to Government, Higher Education Department, Fort St. George, Chennai-9.

+1cc to Mr.M.Devendran, Advocate SR.No.86034 W.P.No.17037 of 2011 sm:3.1.2018 https://hcservices.ecourts.gov.in/hcservices/