Madras High Court
M.Sathish Kumar vs Principal Secretary To ... on 21 September, 2022
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 /
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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
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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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W.P. No.1520 of 2019
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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W.P. No.1520 of 2019
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
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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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W.P. No.1520 of 2019
ABDUL QUDDHOSE, J.
vsi2
3. The Chairman and Director General of Police,
Uniformed Services Recruitment Board,
Anna Salai,
Chennai – 600 002.
W.P. No.1520 of 2019
21.09.2022
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