The Madras High Court dismissed a writ petition seeking a Mandamus for an interview and subsequent appointment. The petitioner failed to meet the educational qualification requirement (10+2+3 stream), having completed only the 10+2+2 stream.
No costs. Connected miscellaneous petition closed. Mandamus not issued.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2015
CORAM :
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Writ Petition (MD) No.8217 of 2013 and MP(MD).No.1 of 2013
Mayil Rajaperumal
... Petitioner
Vs.
2.The Government of Tamil nadu, Department of Personnel and Administrative Reforms, represented by its Secretary, Fort St., George, Chennai 600 009.
... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st Respondent to arrange an interview for the petitioner bearing Reg. No.02601052 followed by the notice of interview vide a Memorandum No. 5934/OTD-C2/2011 dated 22.03.2013 and in the event of the successful pass of the petitioner to give an appointment order for the post of APP- II Made an advertisement Under notification No. 06/12 Dated 02.04.2012.
For Petitioner : Mr.S.Siva Ilayaraja For 1st Respondent : Mr.T.R.Janarthanam, Additional Government Pleader.
For 2nd Respondent : Mr.R.Anandaraj, Government Advocate.
ORDER
The petitioner seeks for a Mandamus directing the first respondent to arrange an interview for the petitioner followed by the notice of interview dated 22.03.2013 and in the event of successful, to give an appointment to the post of APP II.
2.Learned counsel for the petitioner fairly submitted that the petitioner has not undertaken 10+2+3 stream in getting his educational qualification and on the other hand he only got https://hcservices.ecourts.gov.in/hcservices/ 10+2+2 stream that too in the open university stream of Annamalai University by getting M.Com Degree.
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3.Therefore, I am of the view that the petitioner having not gone through 10+2+3 stream, he is not entitled to be considered for interview. Accordingly, I find no merits to entertain this writ petition and issue Mandamus as sought for in the writ petition.
4.In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/Assistant Registrar(T & P)
/True Copy/
Sub Assistant Registrar
To
1.The Secretary,
Tamil Nadu Public Service Commission,
Anna Salai, Chennai.
2.The Secretary,
Government of Tamil nadu, Department of Personnel and Administrative Reforms, Fort St., George,
Chennai 600 009.
+1cc to Spl.Government Pleader Sr.No. 7888 sms
AA/24.02.2015/2p- 4c/
Writ Petition (MD) No.8217 of 2013 17.02.2015
3 issues framed by the court
Whether the petitioner is entitled to an interview and appointment given he completed 10+2+2 stream instead of the required 10+2+3 stream.
Whether the writ court should entertain a petition seeking appointment despite the petitioner failing to meet the specified educational qualification requirement.
Whether a Mandamus should be issued directing the 1st Respondent to arrange an interview for the petitioner.
Mayil Rajaperumal
Tamil Nadu Public Service Commission
Government of Tamil Nadu, Department of Personnel and Administrative Reforms
K. Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court