W.A.No.1758 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER W.A.No. 1758 of 2025 and CMP No.13452 of 2025 The Joint Registrar of Co-operatives/ Chairman, District Recruitment Board, Dharmapuri District. ... Appellant Vs. 1. R. Sakthivel 2. Dharmapuri District Central Co-operative Bank Ltd., Rep.by its Special Officer/The Joint Registrar of Co~operative Societies, Dharmapuri Circle, Dharmapuri. ... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order passed in WP No.8819 of 2021 dated 10.10.2023. For Appellant : Mr.R.Neelakandan, Additional Advocate General Asst. By Ms.Geethathamarai Selvan Special Govt. Pleader 1/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 For Respondents : Mr.V.R.Kamalanathan For Mr.V.Pradeep, for R1 J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Challenge is to the order of the Writ Court dated 10.10.2023 made in WP No.8819 of 2021. Challenge in the Writ Petition was to the non- selection of the respondent for the post of Assistant in the Co-operative Department, pursuant to the notification issued on 11.03.2020, as per the notification, the Educational qualification required is any degree (in 10 + 2 + 3 mode) and cooperative training. 2. The respondent had completed his 10th Standard in 1995 and two years ITI Course in 1997, he has secured a Bachelor Degree in Co-operation in 2005. Thereafter he had done his Higher Secondary as a private study in 2011. Though, the respondent was successful in the written examination and he was called for interview, his interview marks were shown as zero. It was revealed that the respondent was not considered since he had not acquired 2/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 Higher Secondary Qualification, as the notification insists upon, a candidate having obtained a Degree by undergoing formal education i.e.10 + 2 + 3. 3. The respondent relied upon G.O.Ms.No.242, Higher Education (B1) Department dated 18.12.2012 to contend that his qualification viz. 10th Standard +2 year ITI + 3 year Graduation is equivalent to 10 + 2 + 3. 4. The claim was resisted contending that G.O.(Ms).No. 34 dated 30.03.2022 would apply and a person, who had completed 10th Standard and Two years of ITI, should have completed 12th standard or at least Tamil and English in 11th and 12th standard. 5. We are afraid the said contention cannot be countenanced, inasmuch as G.O.Ms. No.34 was issued only on 30.03.2022, by which time the entire selection process was over. The relevant G.O. that would be applicable is only to G.O.Ms.No.242 dated 18.12.2012. G.O.Ms.No.242 dated 18.12.2012 while listing out the resolution of the Equivalence Committee reads as follows: 3/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 2/ ghh;it ,uz;L kw;Wk; K:d;wpy; gof;fg;gl;l foj';fspy;. jkpH;ehL muR gzpahsh; njh;thizaj;jpy;. 03/12/2012 md;W eilbgw;w ,izf; fy;tp jFjp eph;zaf; FGtpd; 37tJ Tl;lj;jpy; fPHf;fz;l jPh;khdk; epiwntw;wg;gl;ljhft[k;. ,j;jPh;khdj;jpd; kPJ murhiz btspapl Mtd bra;a[khWk; jkpH;ehL muRg; gzpahsh; njh;thizaj;jpd; brayhsh; murpidf; nfl;Lf; bfhz;Ls;shh;= bghUs; Tl;lj;jpy; epiwntw;wg;gl;l jPh;khdk; jPh;khdk; vz;/2 gj;jhk; tFg;gpw;F (SSLC) gpd;g[ K:d;whz;L gl;lag;gog;g[ goj;J gpd; jpwe;jbtsp gy;fiyf;fHfk;. (Open University) bjhiyJ}uf; fy;tp epWtdk; (Distance Education) kw;Wk; fy;Y}hpfs; K:yk; gl;lg;gog;g[ Koj;jth;fs; (10+3+3) gjpndhuhk; tFg;g[ (Old S.S.L.C) gpd;g[ muRj; njh;t[fs; ,af;ffj;jhy; tH';fg;gl;l ,uz;L tUl Mrphpag; gl;lag;gog;g[ goj;J gpwF bjhiyJ}uf; fy;tp epWtdk; K:yk; ,s';fiy (Open University) gl;lg;gog;g[ goj;jth;fs; (11+2+3) gj;jhk; tFg;g[ gpwF ,uz;L tUl bjhHpy; El;g gapw;rp (I.T.I) goj;J tpl;L bjhiyj;J}uf; fy;tp epWtdk; K:yk; ,s';fiy gl;lg;gog;g[ goj;jth;fs;/ (10+2+3) 10k; tFg;g[ nky;epiy (+2) tFg;g[ gog;g[ goj;J gpd;g[ ,s';fiy gl;lk; bgw;wth;fSld; ,izahff; fUjp ntiytha;g;gpw;fhf- gjtp cah;tpw;fhf m';fPfhpj;jy; ,izahdJ (Equivalent) ,izahdJ (Equivalent) ,izahdJ (Equivalent) jPh;khdk; vz;/4 4/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 bghUs; Tl;lj;jpy; epiwntw;wg;gl;l jPh;khdk; bghJg;gzpfs; ? fy;tpj;jFjpfs; ? gj;jhk; tFg;g[ + K:d;W tUl gl;lag;gog;g[ gpwF ,U tUl gl;lg;gog;gpid (Lateral Entry) gj;jhk; tFg;g[. gdpbuz;lk; tFg;g[ (+2) gpwF 3 tUl gl;lg;gog;gpw;F ntiytha;g;g[ (kw;Wk;) gjtp cah;t[f;fhf ,izahf fUJjy; ,izahdJ (Equivalent) 6. A reading of the above would show that a person who had completed 10th Standard and 2 year ITI and thereafter acquired a Degree by Distance Education should be treated as having completed the qualification equivalent to 10 + 2 + 3, for the purposes of appointment to and promotion in Government Service. If the claim of the respondent is considered in the light of the above, the respondent will be qualified and rejection of his candidature becomes unjust and improper. 7. We are therefore unable to fault the Writ Court for having allowed the Writ Petition. The Writ Appeal fails and it is accordingly dismissed. It is also stated that the respondent has been appointed under threat of contempt. We do not see any reason to disturb the appointment today. 5/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) (K.SURENDER, J.) 24.06.2025 jv Internet : Yes Index : No Speaking order Neutral Citation : No To 1. The Joint Registrar of Co-operatives/ Chairman, District Recruitment Board, Dharmapuri District. 2. Dharmapuri District Central Co-operative Bank Ltd., Rep.by its Special Officer/The Joint Registrar of Co~operative Societies, 6/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 Dharmapuri Circle, Dharmapuri. 7/8 https://www.mhc.tn.gov.in/judis W.A.No.1758 of 2025 R.SUBRAMANIAN, J. and K.SURENDER , J. jv W.A.No. 1758 of 2025 24.06.2025 8/8 https://www.mhc.tn.gov.in/judis