T.G.Manikandan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)Nos.16014, 16015 & 16016 of 2024 T.G.Manikandan ... Petitioner vs 1.The State of Tamil Nadu, Rep. By Secretary to Government, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Co-operative Audit, Amma Complex, Veterinary Hospital Campus 4th floor, No.571, Anna Salai, Nandanam, Chennai - 600 035.

3.The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

4.The Member Secretary, Tamil Nadu State Council for Higher Education, Chennai - 600 005.

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5.The Under Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

6.The Deputy Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

7.The Registrar, Alagappa University, Karaikudi, Sivagangai District.

8.The Member Secretary, equivalence Committee, Tamil Nadu State Council for Higher Education, Chennai -5.

(R8 is suo motu impleaded as 8th respondent Vide Court order dated 06.08.2024 in W.P(MD)No.18955 of 2024) ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, calling for the records relating to the impugned order issued by the 6th respondent vide his proceedings in Memorandum No.271/PSD-A2/2022 dated 26.07.2024 and quash the same as illegal and consequently to direct the respondents to refer the matter to the 1st respondent for the determination of equivalency and to direct the respondents to keep in abeyance the provisional allotment order dated 14.06.2024 issued to the petitioner for the post of Junior Co-operative Auditor till the issuance of the equivalence certificate. 2/7

For Petitioner : Mr.S.Mohamed Suhail for M/s.Ajmal Associates For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1, R2, R4 and R8 Mr.V.Panneer Selvam for R3 Mr.T.Cibi Chakraborthy for R7 * * * * *

ORDER

The Member Secretary, Equivalence Committee, Tamil Nadu State Council for Higher Education, Chennai -5 is suo motu impleaded as 8th respondent.

2.According to the learned Counsel appearing for the writ petitioner, he had applied to the post of Junior Cooperative Auditor and his application was rejected on the ground that he is possessing only B.Com.,(Corporate Secretaryship) and not B.A.,(Corporate Secretaryship) as prescribed in the notification. Challenging the rejection of his application, the present writ petition has been filed.

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3.According to the learned Counsel appearing for the writ petitioner that B.Com.,(Corporate Secretaryship) from another university has been held to equivalent to B.A.,(Corporate Secretaryship) by the equivalence committee. Hence he has prayed to allow the writ petition. 4.Per contra, the learned Standing Counsel appearing for TNPSC has contented that it is for the equivalence committee to decide whether B.Com.,(Corporate Secretaryship) offered by the Alagappa University is equivalent to B.Com or not.

5.Considering the above said facts, the eighth respondent herein is directed to consider the fact whether B.Com.,(Corporate Secretaryship) obtained by the writ petitioner is equivalent to B.Com which is prescribed as the required qualification for the post of Junior Co-operative Auditor. The said order shall be passed within a period of twelve weeks from the date of receipt of a copy of this order.

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6.With the above said observation, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.

06.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 5/7

To 1.The Secretary to Government, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Co-operative Audit, Amma Complex, Veterinary Hospital Campus 4th floor, No.571, Anna Salai, Nandanam, Chennai - 600 035.

3.The Member Secretary, Tamil Nadu State Council for Higher Education, Chennai - 600 005.

4.The Member Secretary, Equivalence Committee, Tamil Nadu State Council for Higher Education, Chennai -5.

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R.VIJAYAKUMAR , J.

RJR 06.08.2024 7/7