Priyadharshnni v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD)Nos.1301, 13011 and 13014 of 2024 Priyadharshnni ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Higher Education Department, Chennai-09.
2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai-600 003.
3.The Equivalence Committee, Tamil Nadu State Higher Education Council, Represented by its Vice Chairman, Lady Wellington, College Campus, Kamarajar Salai, Triplicane, Chennai-600 005.
4.The Deputy Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai-600 003.
5.The Registrar, Sastra University, Thanjavur-613 402.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Memorandum No.271/PSD-A2/2022, dated 26.06.2024 passed by the fourth respondent and to quash the same as illegal and consequently to direct the third respondent to treat the petitioner degree namely, B.com (Banking, Financial Services and Insurance) obtained from the fifth respondent university as equivalent to regular B.Com., and to select the petitioner for the post of Junior Co-operative Auditor Group (Non Interview Post) in the recruitment notification No.03/2022 dated 23.02.2022 issued by the second respondent Combined Civil Services Examination-II (Interview Post/Non-Interview Posts) Group-II Services/Group II A Services). For Petitioner : Mr.S.Vidhya Sagar For R1 to R3 : Mr.T.Amjadkhan Government Advocate
ORDER
This writ petition has been filed challenging the order passed by the fourth respondent in Memorandum No.271/PSD-A2/2022, dated 26.06.2024 and consequently to direct the third respondent to treat the petitioner degree namely, B.Com (Banking, Financial Services and Insurance) obtained from the fifth respondent university as equivalent to regular B.Com., and to select the petitioner for the post of Junior Co-operative Auditor Group (Non Interview Post) in the recruitment notification No.03/2022, dated 23.02.2022 issued by the second respondent Combined Civil Services Examination-II (Interview Post/Non-Interview Posts) Group-II Services/Group II A Services). 2/6
2. Heard Mr.S.Vidhya Sagar, learned counsel appearing for the petitioner, Mr.T.Amjadkhan, learned Government Advocate for the respondents.
3.The petitioner had completed B.Com., (Banking, Financial Services and Insurance) degree. She participated in the process of direct recruitment to the posts included in Combined Civil Services Examination II (Interview Posts /Non-Interview Posts) Group-II Services/Group-IIA services). She succeeded both in the preliminary and main examinations. Thereafter, she was called for certificate verification. After scrutinizing the records, the petitioner was informed that the degree obtained by the petitioner in B.Com., (Banking, Financial Services and Insurance) is not the required equivalent qualification for the post of Junior Co-operative Auditor and thereafter, rejected the application of the petitioner through the impugned order. 4.The petitioner claims that her B.
Com, degree (Banking, Financial Services and Insurance) is equivalent to regular B.Com and to that effect, the University, where the petitioner had undergone the said degree, has given a certificate and the same is approved by the University Grants Commission.
Regular B.Com.. Therefore, the petitioner has filed an application before the Government/Equivalence Committee for issuing guidelines considering the degree obtained by the petitioner as also equivalent to regular B.Com., degree. The said application is pending.
5.Taking note of the fact that the similar degree sponsored by the other University has been approved as equivalent to Regular B.Com., degree and that the application submitted by the petitioner seeking equivalence is pending for consideration, the Equivalence Committee is directed to consider the application submitted by the petitioner seeking equivalence on merits and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. Depending upon its outcome, the second respondent shall issue an order of appointment to the petitioner within a period of two (2) weeks thereafter. 6.
Since the petitioner has succeeded in the process of selection and reached the zone of consideration, the post allotted to the petitioner shall be withheld until final orders are passed in the application of the petitioner seeking equivalence. Depending upon the orders issued by the Government in this regard and also considering the fact that whether the petitioner comes under the zone of selected list from zone of consideration, the reserved post shall be given to the petitioner.
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7.This writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. 08.07.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Principal Secretary, Higher Education Department, Chennai-09.
2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai-600 003.
3.The Equivalence Committee, Tamil Nadu State Higher Education Council, Represented by its Vice Chairman, Lady Wellington, College Campus, Kamarajar Salai, Triplicane, Chennai-600 005.
4.The Deputy Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai-600 003.
5.The Registrar, Sastra University, Thanjavur-613 402.
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R.N.MANJULA, J.
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