Madras High Court
The Joint Registrar Of Co-Operatives/ vs R. Sakthivel on 24 June, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1758 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.SURENDER
W.A.No. 1758 of 2025
and CMP No.13452 of 2025
The Joint Registrar of Co-operatives/
Chairman, District Recruitment Board,
Dharmapuri District. ... Appellant
Vs.
1. R. Sakthivel
2. Dharmapuri District Central Co-operative Bank Ltd.,
Rep.by its Special Officer/The Joint Registrar of
Co~operative Societies,
Dharmapuri Circle,
Dharmapuri. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in WP No.8819 of 2021 dated 10.10.2023.
For Appellant : Mr.R.Neelakandan,
Additional Advocate General
Asst. By Ms.Geethathamarai Selvan
Special Govt. Pleader
1/8
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W.A.No.1758 of 2025
For Respondents : Mr.V.R.Kamalanathan
For Mr.V.Pradeep, for R1
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge is to the order of the Writ Court dated 10.10.2023 made in
WP No.8819 of 2021. Challenge in the Writ Petition was to the non-
selection of the respondent for the post of Assistant in the Co-operative
Department, pursuant to the notification issued on 11.03.2020, as per the
notification, the Educational qualification required is any degree (in 10 + 2 +
3 mode) and cooperative training.
2. The respondent had completed his 10th Standard in 1995 and two
years ITI Course in 1997, he has secured a Bachelor Degree in Co-operation
in 2005. Thereafter he had done his Higher Secondary as a private study in
2011. Though, the respondent was successful in the written examination and
he was called for interview, his interview marks were shown as zero. It was
revealed that the respondent was not considered since he had not acquired
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Higher Secondary Qualification, as the notification insists upon, a candidate
having obtained a Degree by undergoing formal education i.e.10 + 2 + 3.
3. The respondent relied upon G.O.Ms.No.242, Higher Education
(B1) Department dated 18.12.2012 to contend that his qualification viz. 10th
Standard +2 year ITI + 3 year Graduation is equivalent to 10 + 2 + 3.
4. The claim was resisted contending that G.O.(Ms).No. 34 dated
30.03.2022 would apply and a person, who had completed 10th Standard and
Two years of ITI, should have completed 12th standard or at least Tamil and
English in 11th and 12th standard.
5. We are afraid the said contention cannot be countenanced,
inasmuch as G.O.Ms. No.34 was issued only on 30.03.2022, by which time
the entire selection process was over. The relevant G.O. that would be
applicable is only to G.O.Ms.No.242 dated 18.12.2012. G.O.Ms.No.242
dated 18.12.2012 while listing out the resolution of the Equivalence
Committee reads as follows:
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2/ ghh;it ,uz;L kw;Wk; K:d;wpy;
gof;fg;gl;l foj';fspy;. jkpH;ehL muR gzpahsh;
njh;thizaj;jpy;. 03/12/2012 md;W eilbgw;w
,izf; fy;tp jFjp eph;zaf; FGtpd; 37tJ
Tl;lj;jpy; fPHf;fz;l jPh;khdk;
epiwntw;wg;gl;ljhft[k;. ,j;jPh;khdj;jpd; kPJ
murhiz btspapl Mtd bra;a[khWk; jkpH;ehL
muRg; gzpahsh; njh;thizaj;jpd; brayhsh;
murpidf; nfl;Lf; bfhz;Ls;shh;=
bghUs; Tl;lj;jpy;
epiwntw;wg;gl;l
jPh;khdk;
jPh;khdk; vz;/2
gj;jhk; tFg;gpw;F (SSLC) gpd;g[ K:d;whz;L
gl;lag;gog;g[ goj;J gpd; jpwe;jbtsp gy;fiyf;fHfk;.
(Open University) bjhiyJ}uf; fy;tp epWtdk; ,izahdJ
(Distance Education) kw;Wk; fy;Y}hpfs; K:yk; (Equivalent)
gl;lg;gog;g[ Koj;jth;fs; (10+3+3) 10k; tFg; g [ nky; epiy
(+2) tFg;g[ gog;g[
goj;J gpd;g[
gjpndhuhk; tFg;g[ (Old S.S.L.C) gpd;g[ muRj; ,s';fiy gl;lk;
njh;t[fs; ,af;ffj;jhy; tH';fg;gl;l ,uz;L tUl bgw;wth;fSld; ,izahdJ
Mrphpag; gl;lag;gog;g[ goj;J gpwF bjhiyJ}uf; ,izahff; fUjp (Equivalent)
fy;tp epWtdk; K:yk; ,s';fiy (Open ntiytha;g;gpw;fhf-
University) gl;lg;gog;g[ goj;jth;fs; (11+2+3) gjtp cah;tpw;fhf
m';fPfhpj;jy;
gj;jhk; tFg;g[ gpwF ,uz;L tUl bjhHpy; El;g
gapw;rp (I.T.I) goj;J tpl;L bjhiyj;J}uf; fy;tp ,izahdJ
epWtdk; K:yk; ,s';fiy gl;lg;gog;g[ goj;jth;fs;/ (Equivalent)
(10+2+3)
jPh;khdk; vz;/4
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bghUs; Tl;lj;jpy;
epiwntw;wg;gl;l
jPh;khdk;
bghJg;gzpfs; ? fy;tpj;jFjpfs; ? gj;jhk; tFg;g[ +
K:d;W tUl gl;lag;gog;g[ gpwF ,U tUl
gl;lg;gog;gpid (Lateral Entry) gj;jhk; tFg;g[. ,izahdJ
gdpbuz;lk; tFg;g[ (+2) gpwF 3 tUl (Equivalent)
gl;lg;gog;gpw;F ntiytha;g;g[ (kw;Wk;) gjtp
cah;t[f;fhf ,izahf fUJjy;
6. A reading of the above would show that a person who had
completed 10th Standard and 2 year ITI and thereafter acquired a Degree by
Distance Education should be treated as having completed the qualification
equivalent to 10 + 2 + 3, for the purposes of appointment to and promotion
in Government Service. If the claim of the respondent is considered in the
light of the above, the respondent will be qualified and rejection of his
candidature becomes unjust and improper.
7. We are therefore unable to fault the Writ Court for having allowed
the Writ Petition. The Writ Appeal fails and it is accordingly dismissed. It
is also stated that the respondent has been appointed under threat of
contempt. We do not see any reason to disturb the appointment today.
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There shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (K.SURENDER, J.)
24.06.2025
jv
Internet : Yes
Index : No
Speaking order
Neutral Citation : No
To
1. The Joint Registrar of Co-operatives/
Chairman, District Recruitment Board,
Dharmapuri District.
2. Dharmapuri District Central Co-operative Bank Ltd.,
Rep.by its Special Officer/The Joint Registrar of
Co~operative Societies,
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Dharmapuri Circle,
Dharmapuri.
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R.SUBRAMANIAN, J.
and
K.SURENDER, J.
jv
24.06.2025
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