Karuppasamy v. The Additional Director(Cts)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) Nos.15931 & 15932 of 2025 Karuppasamy ... Petitioner -vs1.The Additional Director (CTS) Department of Employment & Training Thiru.Vi.Ka.Industrial Estate Alandur Road, Guindy, Chennai-600 032 2.The Director Department of Employment & Training Thiru.Vi.Ka.Industrial Estate Alandur Road, Guindy Chennai-600 032 3.The Secretary Labour and Skill Development Tamilnadu Namakkal Kavingar Maligai 7th Floor, Rajaji Salai Fort St.George, Chennai-600 009
4.The Director General of Training (DGT) Ministry of Skill Development & Enterpreneurship Room No.101, 1st Floor Kaushal Bhavan Karol Bagh New Delhi-110 005 5.The Secretary, MSDE Ministry of Skill Development & Enterpreneurship Govt. of India New Delhi 6.The Secretary Tamil Nadu Public Service Commission V.O.C.Nagar Chennai-600 003 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating with the impugned special rule category 1, Rule 5(b) in Computerisation of Special Rules for Various State and Subordinate service relating to department of employment and training for the post of Junior Training Officers in all trades by way of G.O.Ms.No.47, Labour Welfare and Skill Development dated 10.07.2024 and subsequent Notification No.10 of 2025 in advertisement No. 712, dated 13.06.2025 and quash the same as illegal. For Petitioner :
Mr.S.Vellaichamy
For Respondents :
Mr.V.Om Prakash Government Advocate
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted challenging the validity of the Special Rule of Category-1 of Rule 5(b) in Computerisation of Special Rules for various State and Subordinate Service relating to the Department of Employment and Training for the post of Junior Training Officer.
2. Tamil Nadu Public Service Commission issued a notification for selection and appointment to the post of Junior Training Officer in Training Wing of the Department of Employment and Training. The said Junior Training Officer is a teaching post in the Government Industrial Training Institutes across the State of Tamil Nadu.
3. The grievance of the petitioner is that the special rules to the
said post were amended by the notification dated 24.06.2024 removing the ratio of 1:1, which was prevailing originally, and amending the educational qualifications for selection and appointment to the post of the Junior Training Officer in various trades. As per the old special rules, the candidates possessing S.S.L.C. (10th Standard) with I.T.I. Certificate (National Trade Certificate) were eligible for selection and appointment to the post of Junior Training Officer in Training Wing of the Department of Employment and Training. When the ratio was originally fixed in the old special rules, the same facility ought to have been extended in the amended rules enabling the I.T.I.holders to secure selection and appointment to the post of Junior Training Officer.
4. Learned counsel for the petitioner would submit that the impugned amended rule is taking away the opportunity of the I.T.I.holders. Thus, the I.T.I.holders may not be in a position to compete with the Degree and Diploma Holders, who are possessing higher educational qualification. Though the I.T.I.Holders are made eligible to participate in the competitive examinations, they are indirectly prevented from securing selection to the said post or competing with the degree and diploma holders. Thus, the impugned
amended rule is to be declared as null and void.
5. We have examined the prima facie grounds raised in the present writ petition, since the writ petition is yet to be admitted. Amending the special rules, prescribing educational qualifications and age limit etc., are the prerogative of the employer. Such amendments are brought in for selection and appointment to various cadres in Government Departments considering certain factors regarding developments and other aspects. Since the post of Junior Training Officer is a teaching post, the Government thought it fit to provide opportunity to the candidates, who are possessing higher educational qualifications, which would be relevant for imparting better education to the students studying in the Government Industrial Training Institutes.
6. Old special rules, which prevailed originally, stipulated S.S.L.C., with I.T.I. qualification, which was sufficient to secure appointment to the post of Junior Training Officer, which is a teaching post. The Junior Training Officers are teaching the students undergoing the training in various trades in the Government Industrial Training Institutes. In due course, the
Government thought it fit that better qualified Junior Training Officers are to be appointed for providing better education to the trainees. Thus, the impugned amendment came to be issued to the special rules and accordingly, the degree holders and diploma holders are made eligible to participate in the process of selection and appointment to the post of Junior Training Officer. However, the Government has not excluded the candidates, who are possessing S.S.L.C., with I.T.I.qualification. According to the petitioner, it is affecting the prospects of the candidates, who are possessing S.S.L.C., with I.T.I.qualification for securing appointment to the post of Junior Training Officer.
7. In this case, equal opportunity is not denied. Therefore, in such a case, unequality in equal opportunity context cannot be construed as unconstitutional.
8. An opportunity to participate in the process of selection has been provided to the candidates possessing S.S.L.C. with I.T.I.qualification. Since equal opportunity has not been denied, as stated above, and it is the performance, which is to be assessed in the competitive examinations to be
conducted by the Tamil Nadu Public Service Commission, this Court is of the considered view that no unconstitutionality has not been established for the purpose of entertaining the present writ petition and therefore, the same is liable to be dismissed.
9. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [A.D.M.C., J.] 07.08.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Additional Director (CTS), Department of Employment & Training, Thiru.Vi.Ka.Industrial Estate, Alandur Road, Guindy, Chennai-600 032.
2.The Director, Department of Employment & Training, Thiru.Vi.Ka.Industrial Estate, Alandur Road, Guindy,
Chennai-600 032.
3.The Secretary, Labour and Skill Development Tamilnadu, Namakkal Kavingar Maligai, 7th Floor, Rajaji Salai, Fort St.George, Chennai-600 009.
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE , J.
krk and W.M.P.(MD) Nos.15931 & 15932 of 07.08.2025