High Court · 2025

W.P.No.13022 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.06.2025CORAMTHE HONOURABLE Mr.JUSTICE C.KUMARAPPANW.P.No.13022 of 2024andW.M.P.No.14181 of 2024N.Karthik... Petitioner Vs.1. The Principal Secretary to the Government, Higher Education (B1) Department, Secretariat, Chennai – 600009.2. The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Chennai – 600 005.3. The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai – 600 003.4. The Principal Secretary, Tourism, Culture and Religious Endowments Department, Government Secretariat, Fort St.George, Chennai, Tamil Nadu – 600 009.1/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20245. The Director of Tourism, Directorate of Tourism, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai – 600002.... RespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, calling for the records in G.O.(Ms) No.112, Higher Education (B1) Department, dated 22.06.2022 and quash the same and consequently direct the respondents to accept the subject Computing Skills (Basics and advanced) in M.A. English offered by the University of Madras, is equivalent to the Certificate Course on Computer on Office Automation and direct the third and fourth respondents to appoint the petitioner in the withheld vacancy or any other vacancy. For Petitioner: Mr.U.KarunakaranFor Respondents: Mr.C.Jayaprakash, Government Advocate (for R1 & R2) Mr.I.Abrar Md.Abdullah, Standing Counsel (for R3) Mr.N.Naveen Kumar, Government Advocate (for R4 & R5) *****O R D E R The instant writ petition has been filed challenging G.O.(Ms) No.112, Higher Education (B1) Department, dated 22.06.2022.2/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20242. The learned counsel for the petitioner submits that, by virtue of the order passed by this Court in W.P.No.28251 of 2018 dated 29.11.2021, he has submitted all the materials to obtain an equivalence certificate for the Computer Course taught as part of M.A. Tourism, however, the Equivalence Committee, without considering the material aspects, has reneged the equivalence certificate, on the premise that, the Certificate Course in Computer on Office Automation awarded by the Directorate of Technical Education is superior. It is the specific submission of the learned counsel for the petitioner that the relevant materials have not been considered by the Equivalence Committee.3. However, the learned Government Advocate submits that the Committee has considered all the relevant materials. For ready reference, this Court deems it appropriate to extract the relevant paragraphs 7, 8, 16, and 17 of the counter affidavit, which read as follows:-“7. I submit that based on the orders of the Hon'ble High Court dated 29.11.2021, the Tamil Nadu State Council for Higher Education obtained the syllabus of M.A. English (Studied by the petitioner) from University of Madras and Certificate Course in Computer on Office Automation syllabus 3/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 2024from Directorate of Technical Education to take up unit wise comparison study of the syllabus of these courses.8. I submit that the Tamil Nadu State Council for Higher Education conducted Board of Studies meeting on 23.03.2022 with Chairperson, Board of Studies - Computer Science (PG), University of Madras (where the Petitioner studied M.A. English degree) and the Subject Experts on Certificate Course in Computer on Office Automation from Central Polytechnic College and Government Polytechnic College. The Subject Experts compared the above syllabus and submitted the unit-wise comparison statement, percentage of syllabus similarity between the subjects M.A. English having soft skill component of Computing Skills (Basic) and Computing Skills (Advanced) of University of Madras and Certificate Course in Computer on Office Automation of Directorate of Technical Education. The Subject Experts unanimously recommended that M.A. English with subjects of Computing Skills (Basic) and Computing Skills (Advanced) offered by University of Madras is Not Equivalent to Certificate Course in Computer on Office Automation offered by Directorate of Technical Education as the percentage of similarity between these courses is 40%. Further, they also stated that one of the eligibility criteria to appear for the Certificate Course in Computer on Office Automation examination is a pass in typewriting junior grade.4/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 202416. I submit that Certificate Course in Computer on Office Automation is a separate professional certification course offered by the Directorate of Technical Education which is a Technical Educational qualification prescribed in connection with special rules of concerned services while Soft Skills is offered as a skill component course of M.A. English degree programme consisting of 8 credits out of total 91 credits.17. Further, I submit that the duration of the Soft Skills course Computing Skills (Basic) and Computing Skills (Advanced) studied in two semesters is 90 hours (i.e., 3 hours X 15 weeks = 45 hours per semester X 2 Semesters = 90 hours), which is common to all Post Graduate degree programmes while the duration of the Certificate course in Computer on Office Automation offered by an awarding body, Directorate of Technical Education is 120 hours.”4. I have given my anxious consideration to the submissions made on either side.5/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20245. According to the finding of the Equivalence Committee, the Computer Course provided under the M.A. Tourism degree does not make it mandatory to pass the typewriting junior grade, and that there are only 40% similarity between two certificates. Thus, after evaluation, the Equivalence Committee found that the course is not equivalent.6. At this juncture, the learned Standing Counsel for the third respondent would invite the attention of this Court to the order in Civil Appeal No.7188 of 2013 dated 28.03.2023, wherein the Hon'ble Supreme Court of India has categorically held that judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification. The equivalence of qualification is a matter for the State, and the recruiting authority.7. In the case at hand, the Equivalence Committee, after analyzing the material, has ultimately found that the certificate possessed by the petitioner is not equivalent to the qualification required by the Tamil Nadu Public Service Commission, which is an expert body; therefore, this Court, under the power of judicial review, cannot interfere.6/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20248. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 24.06.2025 kvIndex : Yes/NoSpeaking order /Non Speaking OrderNeutral Citation : Yes/NoTo1. The Principal Secretary to the Government, Higher Education (B1) Department, Secretariat, Chennai – 600009.2. The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Chennai – 600 005.3. The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai – 600 003.4. The Principal Secretary, Tourism, Culture and Religious Endowments Department, Government Secretariat, Fort St.George, Chennai, Tamil Nadu – 600 009.7/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20245. The Director of Tourism, Directorate of Tourism, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai – 600002.8/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 2024C.KUMARAPPAN, J.kvW.P.No.13022 of 202424.06.20259/9

W.P.No.13022 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.06.2025CORAMTHE HONOURABLE Mr.JUSTICE C.KUMARAPPANW.P.No.13022 of 2024andW.M.P.No.14181 of 2024N.Karthik... Petitioner Vs.1. The Principal Secretary to the Government, Higher Education (B1) Department, Secretariat, Chennai – 600009.2. The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Chennai – 600 005.3. The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai – 600 003.4. The Principal Secretary, Tourism, Culture and Religious Endowments Department, Government Secretariat, Fort St.George, Chennai, Tamil Nadu – 600 009.1/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20245. The Director of Tourism, Directorate of Tourism, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai – 600002.... RespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, calling for the records in G.O.(Ms) No.112, Higher Education (B1) Department, dated 22.06.2022 and quash the same and consequently direct the respondents to accept the subject Computing Skills (Basics and advanced) in M.A. English offered by the University of Madras, is equivalent to the Certificate Course on Computer on Office Automation and direct the third and fourth respondents to appoint the petitioner in the withheld vacancy or any other vacancy. For Petitioner: Mr.U.KarunakaranFor Respondents: Mr.C.Jayaprakash, Government Advocate (for R1 & R2) Mr.I.Abrar Md.Abdullah, Standing Counsel (for R3) Mr.N.Naveen Kumar, Government Advocate (for R4 & R5) *****O R D E R The instant writ petition has been filed challenging G.O.(Ms) No.112, Higher Education (B1) Department, dated 22.06.2022.2/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20242. The learned counsel for the petitioner submits that, by virtue of the order passed by this Court in W.P.No.28251 of 2018 dated 29.11.2021, he has submitted all the materials to obtain an equivalence certificate for the Computer Course taught as part of M.A. Tourism, however, the Equivalence Committee, without considering the material aspects, has reneged the equivalence certificate, on the premise that, the Certificate Course in Computer on Office Automation awarded by the Directorate of Technical Education is superior. It is the specific submission of the learned counsel for the petitioner that the relevant materials have not been considered by the Equivalence Committee.3. However, the learned Government Advocate submits that the Committee has considered all the relevant materials. For ready reference, this Court deems it appropriate to extract the relevant paragraphs 7, 8, 16, and 17 of the counter affidavit, which read as follows:-“7. I submit that based on the orders of the Hon'ble High Court dated 29.11.2021, the Tamil Nadu State Council for Higher Education obtained the syllabus of M.A. English (Studied by the petitioner) from University of Madras and Certificate Course in Computer on Office Automation syllabus 3/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 2024from Directorate of Technical Education to take up unit wise comparison study of the syllabus of these courses.8. I submit that the Tamil Nadu State Council for Higher Education conducted Board of Studies meeting on 23.03.2022 with Chairperson, Board of Studies - Computer Science (PG), University of Madras (where the Petitioner studied M.A. English degree) and the Subject Experts on Certificate Course in Computer on Office Automation from Central Polytechnic College and Government Polytechnic College. The Subject Experts compared the above syllabus and submitted the unit-wise comparison statement, percentage of syllabus similarity between the subjects M.A. English having soft skill component of Computing Skills (Basic) and Computing Skills (Advanced) of University of Madras and Certificate Course in Computer on Office Automation of Directorate of Technical Education. The Subject Experts unanimously recommended that M.A. English with subjects of Computing Skills (Basic) and Computing Skills (Advanced) offered by University of Madras is Not Equivalent to Certificate Course in Computer on Office Automation offered by Directorate of Technical Education as the percentage of similarity between these courses is 40%. Further, they also stated that one of the eligibility criteria to appear for the Certificate Course in Computer on Office Automation examination is a pass in typewriting junior grade.4/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 202416. I submit that Certificate Course in Computer on Office Automation is a separate professional certification course offered by the Directorate of Technical Education which is a Technical Educational qualification prescribed in connection with special rules of concerned services while Soft Skills is offered as a skill component course of M.A. English degree programme consisting of 8 credits out of total 91 credits.17. Further, I submit that the duration of the Soft Skills course Computing Skills (Basic) and Computing Skills (Advanced) studied in two semesters is 90 hours (i.e., 3 hours X 15 weeks = 45 hours per semester X 2 Semesters = 90 hours), which is common to all Post Graduate degree programmes while the duration of the Certificate course in Computer on Office Automation offered by an awarding body, Directorate of Technical Education is 120 hours.”4. I have given my anxious consideration to the submissions made on either side.5/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20245. According to the finding of the Equivalence Committee, the Computer Course provided under the M.A. Tourism degree does not make it mandatory to pass the typewriting junior grade, and that there are only 40% similarity between two certificates. Thus, after evaluation, the Equivalence Committee found that the course is not equivalent.6. At this juncture, the learned Standing Counsel for the third respondent would invite the attention of this Court to the order in Civil Appeal No.7188 of 2013 dated 28.03.2023, wherein the Hon'ble Supreme Court of India has categorically held that judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification. The equivalence of qualification is a matter for the State, and the recruiting authority.7. In the case at hand, the Equivalence Committee, after analyzing the material, has ultimately found that the certificate possessed by the petitioner is not equivalent to the qualification required by the Tamil Nadu Public Service Commission, which is an expert body; therefore, this Court, under the power of judicial review, cannot interfere.6/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20248. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 24.06.2025 kvIndex : Yes/NoSpeaking order /Non Speaking OrderNeutral Citation : Yes/NoTo1. The Principal Secretary to the Government, Higher Education (B1) Department, Secretariat, Chennai – 600009.2. The Member Secretary, Tamil Nadu State Council for Higher Education, Lady Willingdon College Campus, Kamarajar Salai, Chennai – 600 005.3. The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai – 600 003.4. The Principal Secretary, Tourism, Culture and Religious Endowments Department, Government Secretariat, Fort St.George, Chennai, Tamil Nadu – 600 009.7/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 20245. The Director of Tourism, Directorate of Tourism, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai – 600002.8/9 https://www.mhc.tn.gov.in/judis W.P.No.13022 of 2024C.KUMARAPPAN, J.kvW.P.No.13022 of 202424.06.20259/9