R DURAI Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT

JUDGEMENT

(1.) The petitioner, challenging the rejection of his candidature for selection and appointment to the post of Assistant in pursuant to Notification No.1/2014 dated 06.02.2014, issued by the second respondent/Tamil Nadu Public Service Commission [TNPSC] on the ground that on the cut off date on 06.02.2014, he does not possess the required educational qualification certificate, has come forward with this writ petition.

(2.) The petitioner, in the affidavit filed in support of this writ petition, would aver that he passed S.S.L.C. Examination in October, 1990 and thereafter, passed Higher Secondary Course in March, 1993 and underwent B.A.[History] and passed the said examination during December, 2013 through Annamalai University Distance Education Programme and after completing the same, got his name registered with the District Employment Exchange, Krishnagiri and awaiting for employment opportunities. It is further averred by the petitioner that the second respondent, in pursuant to Notification No.1/2014 dated 06.02.2014 had notified 2269 vacancies for various posts and out of the same, 2189 vacancies for the post of Assistants to be filled up in various departments. According to the petitioner, he has satisfied the requisite educational qualification by passing B.A.[History] during December, 2013, much prior to Notification No.1/2014 dated 06.02.2014 issued by the second respondent and he is also entitled for reservation under Ex-Servicemen Quota. The petitioner would further aver that the second respondent had also issued another notification in Notification No.9/2014 dated 16.04.2014 inviting applications for Direct Recruitment to the posts included in Combine Civil Services Examination-II for the posts of Accountant in Treasuries and Accounts Department and Assistant in Forest Department and therefore, the second notification is the continuance of the earlier notification and since even prior to the date of the second notification, the petitioner has obtained B.A. degree, his candidature should have been considered.

(3.) The petitioner has applied for the written examination and performed well and secured 147 out of 200 marks and declared to have been passed on 29.06.2014 and was expecting appointment to the post of Assistant under Ex-Servicemen Quota under MBC category. The second respondent had issued a call letter calling upon the petitioner to appear for Certificate Verification and accordingly, he attended the same on 18.08.2015 and at that time, he furnished the Provisional Certificate dated 21.03.2014 and again the Original/Permanent Certificate dated 01.06.2015 and the officials of the second respondent had satisfied with the genuineness of all the certificates and informed that he has to wait for further counseling along with another set of copies of documents. However, the candidature of the petitioner has been overlooked and the second respondent had issued a call letter to another candidate having Reg.No.270105131, who had secured much lesser marks viz., 135/200 and immediately, the petitioner approached the office of the second respondent to find out the reasons and he was informed that he has not passed B.A. degree prior to the notification dated 06.02.2014.