Madras High Court
S.Krishnakumar vs The State Of Tamil Nadu on 13 June, 2022
W.P.No.11962/2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.11962 of 2014
S.Krishnakumar ...Petitioner
-Vs-
1.The State of Tamil Nadu,
Rep by its Secretary to Government,
Personal and Administrative Reforms Department,
Secretariat, Fort St.George,
Chennai - 600 009.
2.The Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road,
V.O.C.Nagar,
Chennai - 600 003.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the proceedings of the first respondent in Letter
No.23105/M2/2013-1 dated 08.08.2013 Personnel and Administrative
Reforms Department and quash the same and consequently direct the
second respondent to select the petitioner for appointment to the post
1/6
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W.P.No.11962/2014
of Non Interview Post in Combined Subordinate Services Examination -
I based on the rank secured by the petitioner in the selection on par
with juniors selected with consequential and other attendant benefits,
within a time frame fixed by this Court.
For Petitioner : Mr.J.Jaya Mohan
for Mr.G.Sankaran
For Respondents : Mr.S.Anitha,
Special Government Pleader
(for R.1)
Mrs.G.Hema,
Standing Counsel (for R.2)
ORDER
The letter dated 08.08.2013 stating that the pre-foundation,
foundation course and the certificates awarded by the Universities
therein are declared as not equivalent to SSLC and higher secondary
course is under challenge in the present writ petition.
2. In the impugned letter dated 08.08.2013, the Government of
Tamil Nadu, Personnel and Administrative Reforms (M) Department,
categorically issued orders stating that the degree awarded by the
open universities after passing pre-foundation course and two year
foundation course through open university cannot be recognized as
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W.P.No.11962/2014
degree as per UGC Norms. Therefore, those who obtained degree
under open university system after passing pre-foundation course and
two year foundation course without passing the 10th standard and +2
examination do not satisfy the conditions laid down in the
G.O.Ms.No.107, Personnel and Administrative Reforms (M)
Department, dated 18.08.2009.
3. The Government Order in G.O.Ms.No.107 was issued pursuant
to the judgment of the Hon'ble Supreme Court of India in the case of
Annamalai University Vs. Secretary to Government,
Information and Tourism Development Department reported in
2009 (4) SCC 590. In the said case, the Hon'ble Supreme Court of
India held that the degree obtained from the open universities are
invalid and therefore based on such degree, appointments into public
service should not be granted.
4. The said judgment was implemented by the Government of
Tamil Nadu in G.O.Ms.No.107 Personal and Administrative Reforms
Department dated 18.08.2009. Based on the said G.O., the impugned
clarification letter was issued on 08.08.2013 stating that the pre-
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W.P.No.11962/2014
foundation course and the consequential degree obtained through
open university system cannot be equated with SSLC and +2 course in
Tamil Nadu and therefore those candidates are not eligible to seek
appointment into public service.
5. The writ petitioner has erroneously stated in his application
that he has studied SSLC and HSC. Based on his application, he was
admitted for written examination by the TNPSC. During the certificate
verification, the competent authorities found that the petitioner has not
completed higher secondary course but has undergone pre-foundation
course in the open university, which was declared as invalid by the
Government of Tamil Nadu. Thus, the writ petitioner has not stated the
facts in his application correctly and therefore his candidature was
rejected by the TNPSC during the certificate verification.
6. As far as impugned clarification letter is concerned the said
clarification letter was issued pursuant to the judgment of the Hon'ble
Supreme Court in the case of Annamalai University (stated supra) and
thus the said letter deserves no further interference from the hands of
this Court and accordingly the writ petitioner has not established any
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W.P.No.11962/2014
right for the purpose of considering the relief as such sought for in the
writ petition.
7. Consequently, the writ petition stands dismissed. No costs.
Connected miscellaneous petitions stand closed.
13.06.2022
mrm
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
To
1.The State of Tamil Nadu,
Rep by its Secretary to Government,
Personal and Administrative Reforms Department,
Secretariat, Fort St.George,
Chennai - 600 009.
2.The Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road,
V.O.C.Nagar,
Chennai - 600 003.
https://www.mhc.tn.gov.in/judis
W.P.No.11962/2014
S.M.SUBRAMANIAM, J.
mrm
W.P.No.11962 of 2014
13.06.2022
https://www.mhc.tn.gov.in/judis
