M.Jaishankar S/O.M.Mahendran, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE Ms.JUSTICE P.T.ASHA Writ Appeal No.2312 of 2019 and CMP.No.15237 of 2019 M.Jaishankar ...Appellant -Vs1.The State of Tamil Nadu Rep. by Principal Secretary Home Department Secretariat Fort Sr.George Chennai 2.The Tamil Nadu Uniformed Service Recruitment Board Rep. by its Member Secretary Chairman Pantheon Road Egmore, Chennai-600 008 ..Respondents Prayer:- Writ Appeal filed Under Clause 15 of Letters Patent, against the order dated 15.04.2019 made in W.P.No.11521 of 2019. Prayer in WP.No.11521/2019 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to accept the Degree Certificate of the Petitioner for applying to the Post of Sub-Inspector.

For Appellant : Mr.S.Gunaseelan For Respondents : Mrs.A.SriJayanthi Special Government Pleader.

JUDGMENT

(Judgment of the Court was made by K.K.SASIDHARAN,J.) The appellant notwithstanding the notification issued by the Tamil Nadu Uniformed Service Recruitment Board to the effect that the applicant must hold a Bachelor's Degree obtained from Institution/University by following 10+2+3 pattern and that the https://hcservices.ecourts.gov.in/hcservices/

qualification obtained through Open Universities without undergoing 10+2+3 pattern, will not be recognised, submitted application for appointment to the post of Sub Inspector of Police in the Tamil Nadu Police Service.

2. The Writ Petition filed for a Mandamus to accept the degree certificate was dismissed by the learned Single Judge. Feeling aggrieved, the appellant has come up with the intra court appeal.

3. We have heard the learned counsel for the appellant.

4. The documents available on record indicates that the appellant secured B.A. Degree through Open University system. The notification issued by the Uniformed Service Recruitment Board very clearly provided that those who have obtained Bachelor's degree through Open University without undergoing 10+2+3 pattern would not be eligible to apply. The case of the appellant would come within the covered cases relating to Open University Education. Even according to the appellant, he took degree only through Open University. There is no obligation on the part of the Tamil Nadu Uniformed Service Recruitment Board to accept the application of the appellant, notwithstanding his ineligibility. We are therefore of the view that the learned Single Judge was justified in dismissing the Writ Petition.

5. The intra court appeal is dismissed. No costs. Consequenty, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Secretary Home Department, Secretariat, Fort Sr.George, Chennai. 2.The Member Secretary/Chairman, Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai-600 008 +1 cc to M/s.S.Gunaseelan,Advocate Sr.No. 64768 AKM/12.09.19/2P- 4C / W.A.No.2312 of 2019 https://hcservices.ecourts.gov.in/hcservices/