High Court · 2025

WP No. 19920 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON: 21-07-2025PRONOUNCED ON: 25-07-2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP No. 19920 of 2025ANDWMP NO. 22464, 22466 & 22465 OF 20251. S.ArivuselvanS/o. D. Santhanam, No.34, Mela Street, Periyavalaiyam, Ariyalur District-621 802.Petitioner(s)Vs1. State Of Tamil NaduRep. By Its Principal Secretary To The Government, Department Of Higher Education, Secretariat, Chennai-9.2.Tamil Nadu State Council For Higher EducationRep. By Its Vice -Chairman, Lady Willingdon Campus, Kamarajar Salai, Chennai-600 005.3.The Principal Secretary/ Commissioner Of Archaeology,Department Of Archeology, Tamil Valarchi Valagam, Tamizh Salai, Egmore, Chennai-8 https://www.mhc.tn.gov.in/judis WP No. 19920 of 20254.The Director Of Museums,Office Of The Director, Government Museum, Egmore, Chennai-600 008.5.Tamil Nadu Public Service CommissionRep. By Its Secretary, Frazer Bridge Road, V.O.C. Nagar, Part Town, Chennai-600 003.Respondent(s)PRAYERWrit Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, praying to call for the records pertaining to the Impugned List of candidates provisionally admitted for physical certificate verification and counseling (Phase III) dated 29.05.2025 on the file of the Respondent No.5 and quash the same as illegal in so far as not admitting the Petitioner for Physical Certificate Verification relating to the post of Curator Is concerned and consequently for a direction, directing the Respondent No.4 and 5 to admit the Petitioner for Physical certificate verification and counselling relating to the post of Curator and select and appoint the Petitioner in the post of Curator in the light of the clarification issued by the Respondent No.3 in Ref. Lr.No.A1/2787/2025 dated 15.04.2025 and the Clarification issued by Respondent No.4 in Lr. No.E2/1113/2025 dated 16.04.2025 and the Letter issued by Respondent No.2 in Rc.No.1278/2025 A dated 02.05.2025 within the time period stipulated by this Honourable Court. https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025For Petitioner(s):K.ThilageswaranFor Respondent(s):M/s. C. Jayaprakash Govt Advocate (Higher Education) For R1 To R4.Mr.I.Abrar Md. Abdullah Standing Counsel (TNPSC) For R5.*****ORDERAccording to the petitioner, he graduated in MA. Ancient History and Archeology. As per the Notification dated 26.07.2024, he has applied for the post of Curator. The required qualification is, Masters or Honours degree in any one of the following subjects: Zoology, Botony, Geology, Anthropology, Indian Archaeology, Sanskrit, History, Chemistry. However, though he secured first rank in the selection process, the petitioner's name does not find a place for Physical Certificate Verification list. However, vide order of the Court dated 04.06.2025, he participated in the Physical Certificate Verification. 2. Now the issue to be resolved in the present writ petition is that, Whether M.A Ancient History and Archeology, which degree the petitioner posses, is equivalent to the required qualification qua M.A Indian Archeology. In this connection, the petitioner had produced the Government Order in G.O.Ms.135 dated 26.02.2025 and the scanned image is depicted hereinbelow:- https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025 https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025 https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025 https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025 https://www.mhc.tn.gov.in/judis WP No. 19920 of 20253. In Serial No.6 of the above G.O., M.A Ancient History and Archeology awarded by University of Madras is recommended to be equivalent to M.A. Indian Archeology for the purpose of employment in public services.4. However, the learned Standing Counsel by referring Clause 4.3.3. of the original Notification dated 26.07.2024 and would contend that the https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025equivalent certificate issued after the date of Notification will not be considered for the present recruitment. In support of his contention, he relied upon the judgment of the learned Single Judge in WP.No.20723 of 2024 dated 30.08.2024. Besides, the learned Standing Counsel would also rely upon the judgment of the Hon'ble Supreme Court in State of Tamil Nadu and others Vs. G.Hemalathaa and another reported in (2020) 19 SCC 430 and would contend that the High Court, while exercising the power of judicial review cannot give any concession to the candidates beyond the Rules.5. At this juncture, the learned counsel for the petitioner would invite the attention of this Court by referring about the Full Bench decision of this Court in Nadar Thanga Shubha Laxman.A Vs. The State of Tamil Nadu and another reported in 2014 (3) CTC 433, wherein, the Full Bench has held that the recommendation of equivalence of degree Certificate will come into effect with effect from the date of issuance of the Degree. He would also invite the attention of this Court about the Government Order in G.O.Ms.No.135 dated 26.06.2025 which also has explained to that effect.6. No doubt, as contended by the learned Standing Counsel, this Court cannot go into Whether a Degree is equivalent or not with other degree, which comes under expert domain. However, in the peculiar circumstances of this case, it is the submission of the petitioner that his degree is equivalent to the one which is required for the post. In pursuance thereof, he was also permitted to write the examination, and by way of interim order, he participated in the Physical Certificate Verification. Here, it is not in dispute that the petitioner https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025stood first rank in the selection process. However, his only defect or unfortunate coincidence is that, his equivalence certificate is subsequent to the Notification. Dated 26.07.2024.7. At this juncture, it is pertinent to mention here that, while giving the qualification for a post, the user department generally following the past out dated nomenclature of qualification which they have been maintaining for a decade together without updating the same in accordance with new evolving trend in education landscape. In the case in hand, the required degree is M.A Indian Archeology, whereas the petitioner possess degree of M.A. History and Archeology. 8. It is pertinent to mention here that, in the case in hand, the possession of required qualification as on the date of Notification is not in dispute. But, it's proof whether the qualification possessed by the petitioner is equivalent to the required qualification for the post called for. At this juncture, this Court would like to rely upon the judgment of the learned Single Judge in B.Shelshia Vs. Tamil Nadu Public Service Commission and others [WP.No.16941 of 2024], wherein it has been held as follows:-“11. The Tamil Nadu Public Service Commission cannot be permitted to take a stand that in spite of the Government order that has now been issued, the same will not be acted upon since the Government Order has been produced after the notification. This prohibition prescribed in the notification cannot stand in the way of an order passed by this Court. This Court was aware of such a prohibition available in the Government Order. In spite of the same, a direction was issued to the equivalence committee to consider the UG degree obtained by the petitioner and the same was considered https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025by the committee and G.O.Ms.No.130, dated 24.07.2024 has been issued. Hence, this Government Order has to be necessarily acted upon and it cannot be disregarded by Tamil Nadu Public Service Commission by pointing out to the notification.”9. When a Writ Appeal filed against the said order in WA.No.3410 of 2024 [Tamil Nadu Public Service Commission Vs. B.Shelshia and others], vide order dated 29.04.2025 the above finding of the learned Single Judge was confirmed. Therefore, it is amply clear that the mere delay in submission of the equivalence certificate/Government Order will in no way take away the rights already accrued upon the petitioner, as he possess a degree on the date of notification, which is latter found to be equivalent to the required qualification.10. Thus, The sum and substance of the above discussion is that, the delay in production of the equivalent Government Order, will in no way affect the eligibility criteria of the petitioner. Further what is essential in a public employment is the selection of more meritorious candidates. In the case in hand, the petitioner stood first in over all ranking. Therefore, this Court is of the indubitable opinion that the petitioner's participation in the further proceedings of the recruitment process would only further the quality and standard of the selection. Hence, this Court is of the firm view that the claim of the petitioner deserves to be considered.11. In the result, this writ petition stands allowed and the impugned order dated 29.05.2025 insofar as this petitioner concerned is hereby quashed. The respondents are directed to proceed with the recruitment and admit the https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025petitioner for further selection process if he is otherwise eligible based upon the equivalence G.O.Ms.No.135 dated 26.02.2025. There shall be no order as to costs. Consequently, connected WMPs are also closed.25-07-2025kmiIndex:Yes/NoSpeaking/Non-speaking orderNeutral Citation:Yes/NoTo1.State Of Tamil NaduRep. By Its Principal Secretary To The Government, Department Of Higher Education, Secretariat, Chennai-9.2.Tamil Nadu State Council For Higher Education, Rep. By Its Vice -chairman, Lady Willingdon Campus, Kamarajar Salai, Chennai-600 005.3.The Principal Secretary/ Commissioner Of Archaeology,Department Of Archeology, Tamil Valarchi Valagam, Tamizh Salai, Egmore, Chennai-84.The Director Of Museums,Office Of The Director, Government Museum, Egmore, Chennai-600 008.5.Tamil Nadu Public Service CommissionRep. By Its Secretary, Frazer Bridge Road, V.O.C. Nagar, Part Town, Chennai-600 003. https://www.mhc.tn.gov.in/judis WP No. 19920 of 2025C.KUMARAPPAN J.kmiWP No. 19920 of 2025AND WMP NOS. 22464 22465 & 22466 OF 202525-07-2025