P.Balasundari vs The Chairman
2021 Latest Caselaw 5643 Mad

                                                                         W.A.(MD)No.583 of 2018

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 03.03.2021

                                                  CORAM

                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                             AND
                              THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                         W.A.(MD)No.583 of 2018
                                                  and
                                        C.M.P.(MD)No.3283 of 2018

                P.Balasundari                                               ... Appellant /
                                                                                Petitioner

                                                     Vs.
                1.The Chairman,
                  Tamil Nadu Public Service Commission,
                  Frazer Bridge Road, Chennai – 600 003.

                2.The Secretary,
                  Tamil Nadu Public Service Commission,
                  Frazer Bridge Road, Chennai – 600 003.

                3.The Controller of Examinations,
                  Tamil Nadu Public Service Commisison,
                  Frazer Bridge Road, Chennai – 600 003.                    ... Respondents /
                                                                                Respondents

                Prayer : Appeal filed under Clause 15 of the Letters Patent against the order

                passed by this Court in W.P.(MD)No.18907 of 2015, dated 19.01.2018.




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                                                                                W.A.(MD)No.583 of 2018

                            For Appellant                 : Mr.G.Thalaimutharasu
                                                            for Mr.S.T.Sasidharan Tamilkani

                            For Respondents               : Mr.K.K.Senthil

                                                     *****
                                                   JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant challenging the order

of the learned Single Judge, who dismissed the Writ Petition, inter alia holding

that the appellant did not have the qualification of Statistics as allied subject.

2.The learned counsel appearing for the appellant submitted that as

per the letter issued by the Director of Madurai Kamaraj University, dated

09.03.2017, the subject codes namely, S23, S2B - Relational Database

Management System [RDBMS] Lab contain the statistics concepts and

Statistical Analysis System [SAS], for statistical data analysis, the allied subject

of Statistics.

3.We cannot accept the said contention, as the qualification is very

clear. Apart from completion of M.C.A. Course, a candidate should have an

additional qualification of Statistics as allied subject. Unfortunately, what the

appellant did is to study a subject, which is in fact allied to the subject of

Statistics and therefore, the subject of Statistics, she has not studied. http://www.judis.nic.in

W.A.(MD)No.583 of 2018

4.In a matter like this, we cannot substitute ourselves and go to the

level of the recruiting agency.

5.In such view of the matter, this Writ Appeal is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                Index    :Yes/No                             [M.M.S.J.,]      [S.A.I.J.,]
                Internet :Yes                                        03.03.2021
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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 Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai – 600 003.

2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai – 600 003.

3.The Controller of Examinations, Tamil Nadu Public Service Commisison, Frazer Bridge Road, Chennai – 600 003.

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W.A.(MD)No.583 of 2018

M.M.SUNDRESH, J.

AND S.ANANTHI, J.

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W.A.(MD)No.583 of 2018

03.03.2021

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