TAMIL NADU ENGINEERING DIPLOMA HOLDERS ASSOCIATION Vs. SECRETARY TO GOVERNMENT HOME TRANSPORT II A DEPARTMENT

JUDGEMENT

(1.) THE petitioner Association is an Association of Engineering Diploma Holders, represented by its General Secretary. THE Association has come forward to file the present writ petition, seeking to challenge Rule 19 (b) (ii) of the Tamilnadu State and Subordinate Service Rules as inoperative, unconstitutional, arbitrary and ultravires of the constitution of India and contrary to the Motor vehicles Act 1988 read with (ii) Central Motor Vehicles Rules and the Tamilnadu Transport Subordinate Service Rules in so far as it relates to the post of Motor Vehicle Inspector Gr.II is concerned and consequently forbear the respondents from in any manner considering or recruiting the candidates possessing higher qualification other than the one prescribed in the Special rules for Tamilnadu State Transport Subordinate Service for the post of Motor Vehicle Inspector Gr.II in the ensuing and future selections.

(2.) THE writ petition was admitted on 20.05.2009. Pending the writ petition, the application for interim injunction in M.P.No.1 of 2009 was dismissed, but however, it was made clear that any appointment made was subject to the result of the writ petition.

(3.) IT is claimed by the petitioner that their Association was a registered Association under the Tamil Nadu Societies Registration Act and its Registration No. was 280/2008. IT was also claimed by them that the post of MVI Grade II is governed by Tamil Nadu Transport Sub-ordinate Service Rules. The mode of appointment is by way of direct recruitment. The educational qualifications set out in the Rule is as follows:-