Madras High Court
M.Sakkaraichamy vs Tamil Nadu Public Service ... on 27 April, 2021
W.A.(MD) No.1073 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2021
CORAM
THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM
and
THE HON'BLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1073 of 2020
M.Sakkaraichamy ... Appellant
-Vs-
1.Tamil Nadu Public Service Commission,
Rep. By its Secretary,
No.3, Frazer Bridge Road,
V.O.C Nagar,
Chennai – 600 003.
2.The Principal Secretary to Government
Personnel and Administrative Reforms
Department,
Secretariat,
Chennai.
(Respondent No.2 suo motu impleaded vide
Court order dt. 02.07.2019 in
W.P.(MD)No.12326/2014) ...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the
order dated 02.07.2019 in W.P.(MD)No.12326 of 2014.
For Appellant : Mr.P.Jeyasankar
For Respondents : Mr.D.Sivaraman for R1
Mr.K.P.Krishnadoss,
Spl. Govt. Pleader for R2
https://www.mhc.tn.gov.in/judis/
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W.A.(MD) No.1073 of 2020
JUDGMENT
[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]
This Writ Appeal has been filed by the writ petitioner, challenging
the order passed in W.P.(MD)No.12326 of 2014, which was dismissed,
wherein the appellant challenged certain replies given to him in respect
of the queries raised under the Right to Information Act, 2005.
2. Firstly, a challenge cannot be made to a reply sent under the
Right to Information Act. In any event, what the appellant questioned
was his non-selection to the post of Assistant in the Revenue
Department. The petitioner rests upon a Government Order in
G.O.Ms.No.138 Personnel and Administrative (Reforms) Department,
dated 29.12.1997, wherein the Government has accepted the decision of
the Committee and the petitioner would state that the B.E. Degree
obtained by him is equivalent to any bachelor degree, such as B.A., and
B.Sc.
3. On going through the said Government Order in G.O.Ms.No.
138 Personnel and Administrative (Reforms) Department, dated
29.12.1997, we find that the same was passed to enable the Engineering
Graduates and Medical Graduates, ie., after completing B.E. or M.B.B.S.,
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.1073 of 2020
they will be eligible to apply for BL/LLB course and for such purpose,
the Government treated the B.E., B.L., M.B.B.S., and B.V.Sc. as
equivalent to B.A., B.Sc., etc. Furthermore, the reason for passing the
said Government Order was on account of a claim made by the persons,
who have secured B.E., and M.B.B.S., degree equivalent to a post
graduate degree in humanities and science, because the course of study is
five years. This Government Order can have no application to the facts
of the appellant's case. That apart, the appellant has not achieved the
bench mark qualification viz., the cut off mark prescribed by the first
respondent in the examination. Therefore, there is no error in the order
passed by learned Single Judge in W.P.(MD)No12326 of 2014.
Furthermore, the appellant, having participated in the selection process,
cannot now turn around and challenge the qualifications, which have
been prescribed.
4. In the result, this Writ Appeal is dismissed and the order passed
in the Writ Petition is confirmed. No costs.
[T.S.S. J.,] [S.A.I. J.,]
27.04.2021
Index : Yes/No
Internet : Yes
vsm
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.1073 of 2020
T. S. SIVAGNANAM, J.,
and
S.ANANTHI, J.,
vsm
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Secretary,
Tamil Nadu Public Service Commission,
No.3, Frazer Bridge Road,
V.O.C Nagar,
Chennai – 600 003.
2.The Principal Secretary to Government,
Personnel and Administrative Reforms
Department,
Secretariat,
Chennai.
W.A.(MD)No.1073 of 2020
27.04.2021
https://www.mhc.tn.gov.in/judis/
