LAWS(MAD)-2018-2-417

M. SARAVANAKUMAR Vs. THE CHAIRMAN

Decided On February 05, 2018
M. Saravanakumar Appellant
V/S
The Chairman Respondents

JUDGEMENT

(1.) The relief sought for in this writ petition is to quash the notification issued by the respondents on 01. 04. 2010 for selection to the post of Sub Inspector of Police for the year 2010 and to direct the second respondent to permit the writ petitioner to participate in the written examination so also in the selection process.

(2.) The writ petitioner passed 10th standard (SSLC) examination in March 1995. Further, he joined in the Industrial Training Institute for undergoing the Fitter Trade from the year 1996 to 1998. Thereafter, the petitioner directly joined M. A. History in the Open University and passed in the examination. The open university degree was obtained from the Annamalai University through distance education. The writ petitioner joined as Grade- II Police Constable on 01. 03. 2002 under the Tamil Nadu Special Police. The petitioner had obtained proper permission from the Competent Authority to pursue the M. A. Degree in Open University through distance education. The first respondent had conducted the written examination for selection to the post of Sub Inspector of Police, in the year 2007. The petitioner appeared in the written examination conducted on 20. 05. 2007. However, the petitioner could not able to succeed in the written examination and not selected. Again in the year 2010, a notification was issued for recruitment to the post of Sub Inspector of Police. The writ petitioner had submitted his application to participate in the selection process. However, the application was not processed by respondent on the ground that the writ petitioner had not undergone the regular pattern 10+2+3. Contrarily, the writ petitioner has completed M. A. , open University Degree from Annamalai University and therefore, the degree is not valid for the purpose of securing public employment. Under these circumstances, the writ petitioner is constrained to move the present writ petition.

(3.) The learned Special Government Pleader appearing on behalf of the respondents made a submission that no doubt the writ petitioner was permitted to write the written examination in the year 2007. However, he was not permitted to participate in the written examination in the year 2010 on account of the fact that the Supreme Court has invalidated the Open University degree, more specifically, granted by the Annamalai University Degree without undergoing the regular pattern of 10+2+3 and such persons are not qualified for public employment. The Special Government Pleader is of an opinion that there is no infirmity in respect of the decision taken by the authorities in this regard. Thus, the writ petition is to be rejected.