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Madras High CourtWP(MD)/13259/2024disposed of

Sadruneswaran v. The Secretary

2024-06-21Honourable Ms Justice R.N.Manjula7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.13259 of 2024 & W.M.P.(MD)No.11735 of 2024 Sadruneswaran ... Petitioner vs.

1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road Park Town, Chennai - 600 003.

2.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

3.The Controller of Examination, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to consider the candidature of the petitioner by considering the bachelor of commerce degree, B.Com (Professional Accounting) obtained by the 1/7

petitioner as regular bachelor of commerce degree, B.Com and consequently include him in the counselling of the Tamil Nadu Public Service Commission for the Group-IIA posts dated 15.05.2024 to 20.06.2024.

For Petitioner :

Mr.S.Anandha Rajagopal For Respondents :

Mr.V.Panneer Selvam, Standing Counsel

O R D E R

Heard Mr.S.Anandha Rajagopal, learned counsel appearing for the petitioner and Mr.V.Panneer Selvam, learned Standing Counsel appearing for the respondents.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the third respondent to consider his candidature by considering the bachelor of commerce degree B.Com (Professional Accounting) obtained by him as a regular bachelor of commerce degree B.Com and consequently include him in the counselling of the Tamil Nadu Public Service Commission for the Group-IIA posts dated 15.05.2024 to 20.06.2024.

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3. The petitioner who has applied to the post of Junior Cooperative Auditor in response to the notification of the second respondent dated 23.02.2022 has found himself in the zone of consideration for the said post after having cleared the competitive examination. The petitioner has been called for Certificate Verification held on 12.06.2024 and he has also attended the same, wherein, he was informed that his educational qualification is not compatible to the qualification prescribed for the post of Junior Co-operative Auditor. As per the notification of the second respondent dated 23.02.2022, the following qualification has been prescribed for the post of Junior Co-operative Auditor. "A Degree of B.B.M., or B.Com., or B.Com. (Computer Application) or B.A. (Co-operation) or B.A. (Economics) or B.A. (Corporate Secretaryship) or B.B.E. awarded by any University."

4. However, the petitioner has got a decree Certificate for B.Com. (Professional Accounting).

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5. Mr.S.Anandha Rajagopal, learned counsel appearing for the petitioner submitted that the degree obtained by the petitioner has already been recognized as equivalent to that of B.Com. regular degree in respect of Manonmaniam Sundaranar University which also offered B.Com. (Professional Accounting) degree.

6. In such case, the petitioner has got no other go except to approach the Equivalence Committee of the Government and give a request to consider the B.Com. (Professional Accounting) degree offered in Madura College affiliated to Madurai Kamaraj University as equivalent to that of regular B.Com. degree. Unless the petitioner approaches the Equivalence Committee established by the Government and gets an order, the second respondent cannot release an order of appointment to him. Even if the petitioner obtains an Equivalence Certificate hereafter, the second respondent might say that the petitioner ought to have got a Certificate of that kind on the date of the notification itself. However, it is for the Government to ratify the same, if it deems fit, by taking into consideration of the petitioner's selection and his merit for the post in 4/7

which he has been already selected, but for his B.Com. (Professional Accounting) degree, the appointment order has not been issued.

7. With these observations, the writ petition is disposed of and the petitioner is given with a liberty to approach the Equivalence Committee of the Government and request an order in this regard. No costs. Consequently, connected Miscellaneous Petition is closed. 21.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 5/7

To 1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road Park Town, Chennai - 600 003.

2.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

3.The Controller of Examination, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

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R.N.MANJULA, J.

mbi 21.06.2024 7/7