W.P. No.1520 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.1520 of 2019
M.Sathish Kumar ...Petitioner
vs.
1. Principal Secretary to Government,
Home Department,
Fort. St. George,
Chennai – 600 009.
2. Director General of Police,
Chennai – 600 004.
3. The Chairman and Director General of Police,
Uniformed Services Recruitment Board,
Anna Salai,
Chennai – 600 002. ...Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents herein to
appoint the petitioner as Sub-Inspector of Police (Technical) for the year
2018 by granting marks for Additional Educational qualification (Clause
22 of advertisement No.1, dated 11.07.2018 issued by the third
respondent) taking into account the Master of Engineering (Network
Engineering) as equivalent to Master of Engineering (Computer
Engineering / Communication Systems), if he is otherwise qualified.
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W.P. No.1520 of 2019
For petitioner : Mr.G. Bala
For respondents : Mr.Kumaresan,
Additional Advocate General,
Assisted by
Mr.A. Selvendran,
Spl. Govt. Pleader
and
Mr.L.S.M. Hasan Fizal,
Addl. Govt. Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to appoint the petitioner as Sub Inspector of Police (Technical) for the year 2018 by granting marks for Additional Educational qualification (Clause 22 of advertisement No.1, dated 11.07.2018 issued by the third respondent) taking into account the Master of Engineering (Network Engineering) as equivalent to Master of Engineering (Computer Engineering / Communication Systems), if he is otherwise qualified, within a time frame to be fixed by this Court.
2. The question that arises for consideration is whether the respondents were right in not issuing appointment order to the petitioner as a Sub Inspector of Police (Technical) for the year 2018 on the ground that the petitioner is not qualified for appointment, since, he has not completed the Master of Engineering (Computer Engineering / https://www.mhc.tn.gov.in/judis 2/8 W.P. No.1520 of 2019 Communication Systems), but has only completed Master of Engineering (Network Engineering).
3. The learned counsel for the petitioner drew the attention of this Court to the Masters degree obtained by the petitioner in Network Engineering issued in the year June 2014 by Anna University and would submit that the petitioner is qualified for selection as Sub Inspector of Police(Technical) as according to him Master of Engineering (Computer Engineering / Communication Systems) is equivalent to Master of Engineering (Network Engineering). He also drew the attention of this Court to the Information Brochure issued by the respondents, dated 11.07.2018 and in particular, he referred to Sl. No.21, which relates to marks for additional educational qualifications. According to him, M.E. in Network Engineering is equivalent to M.E. or M.Tech, degree in Computer Science and therefore, the petitioner is entitled for additional two marks. According to him, if the same was taken into account, the petitioner would have got selected as Sub Inspector of Police (Technical).
4. The learned counsel for the petitioner also drew the attention of this Court to the Government Order dated 02.12.2016 issued in G.O. Ms. No.873 and would submit that as per the said Government Order, the marks for additional educational qualifications ought to have been https://www.mhc.tn.gov.in/judis 3/8 W.P. No.1520 of 2019 granted for M.E. / M.Tech degree in Computer Science or I.T., whereas in the Information Brochure, calling for selection for Sub Inspector of Police(Technical), the field of I.T. has been left out. Therefore, according to him, Network Engineering being an I.T. related field and coming within the meaning of Computer Science, the petitioner's marks ought to have been added as per the Information Brochure and if the same was added, he would have got selected as Sub Inspector of Police (Technical).
5. Per contra, the learned Additional Advocate General appearing for the respondents would reiterate the contents of the counter affidavit filed by the respondents before this Court. In particular, he would submit that M.E.(Network Engineering) though, it may be a Computer related subject, the Information Brochure makes it clear that only Computer Science Engineering Post Graduates are eligible for appointment as Sub Inspector of Police(Technical) and therefore, the question of considering the petitioner's case will not arise. He would also submit that it will open up a pandora's box, if this writ petition is entertained by this Court that too when there were more than a lakh of applicants, who had sought for selection as Sub Inspectors (Technical), which the number of vacancies was only 309.
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6. The learned Additional Advocate General also drew the attention of this Court to a Judgment of the Hon'ble Supreme Court in the case of Secretary, A.P. Public Service Commission vs. B.Swapna and other reported in 2005 4 SCC 154 and would submit that once selection process has commenced, there is no question of amending the rules prescribing qualification during the continuation of selection process. He would submit that Information Brochure based on a G.O. viz., G.O. 873, dated 2.12.2016 makes it clear that for the post of Sub Inspector of Police(Technical) only Post Graduate Computer Science Engineering students are alone eligible for the said appointment and therefore, the petitioner, who has studied M.E. in Network Engineering is not eligible. Discussion :
7. Admittedly, the Information Brochure, which is the basis for selection to the post of Sub Inspector (Technical) makes it clear that only persons holding M.E. Computer Science are qualified to apply for the said post. The petitioner claims that M.E. (Network Engineering) is an equivalent degree to M.E. (Computer Science) and therefore, he is also qualified to apply for the said post and entitled for two incentive marks as per the Information Brochure and G.O.
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8. Computer Science is a general subject and Network Engineering is a specialised subject, though it will come under the Computer Science department. The subject post is Sub Inspector of Police(Technical). As a Sub Inspector of Police(Technical), he must have an overall knowledge of the Computer Science department where networking knowledge is also required. The respondents have made it clear in the Information Brochure that only M.E. (Computer Science Engineering) students are eligible for the post of Sub Inspector of Police (Technical). Holding a specialised degree, though it may fall under the Computer Science Engineering, the petitioner cannot as a matter of right claim that he is also qualified to apply for the post of Sub Inspector of Police (Technical). Further, if the petitioner's claim is entertained by this Court, it will open a pandora's box as it is seen that for the selection of 309 Sub Inspectors of Police(Technical) posts, there were more than one lakh applicants. Similarly placed persons as that of the petitioner herein may after coming to know that this Court has entertained this writ petition will start filing cases, which is not in public interest. Even the Notification issued in G.O. 873, dated 2.12.2016 relied upon by the learned counsel for the petitioner talks about only M.E. or M.Tech Degree in Computer Science or I.T., whereas the petitioner has completed only M.E. (Network https://www.mhc.tn.gov.in/judis 6/8 W.P. No.1520 of 2019 Engineering) though it may be a Computer Science or I.T. related field, but it is an admitted fact that it is specialised field. The Hon'ble Supreme Court in the decision relied by the Additional Advocate General in the case of Secretary, A.P. Public Service Commission vs. B.Swapna and other reported in 2005 4 SCC 154 also makes it clear that once a process of selection has started, the prescribed selection criteria cannot be changed. The Hon'ble Supreme Court has held in the aforesaid decision that the logic behind the same is to be fair to all
9. For the foregoing reasons, there is no merit in this writ petition. Accordingly this writ petition is dismissed. No costs.
21.09.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
1. The Principal Secretary to Government, Home Department, Fort. St. George, Chennai – 600 009.
2. The Director General of Police, Chennai – 600 004.
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vsi2
3. The Chairman and Director General of Police, Uniformed Services Recruitment Board, Anna Salai, Chennai – 600 002.
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