Research › Search › Judgment

Madras High Court · body

2024 DIGILAW 568 (MAD)

Tamil Nadu Commerce Institutes' Association, Rep. by its Liaison Officer v. Principal Secretary to the Government

2024-03-06

G.R.SWAMINATHAN

body2024
JUDGMENT : (Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records comprised in G.O.Ms.No.82 Higher Education Department (B1) dated 17.03.2023 issued by the 1st respondent and quash the same as being arbitrary and illegal and consequently direct the respondents to issue a fresh notification for certificate course in computer office automation in line with the order in WP (MD)No.8456 of 2021 dated 23.12.2021.) 1. Heard both sides. 2. The writ petitioner challenges the validity of G.O.(Ms)No.82 Higher Education(B1) Department dated 17.03.2023 insofar as paragraph No.7 is concerned. The said paragraph reads as follows:- Duration of the Course “An Institute Candidates has to undergo minimum of 120 hours of Training at the recognised Typewriting Institutes and Government / Government Aided / Self financing Polytechnics and a Private Candidates has to give a declaration stating of 120 hours trained by self.” ” 3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for by setting aside the impugned amendment. 4. The respondents filed counter affidavit. It is pointed out that the Government Order was not put to challenge immediately and that it has already been implemented. Examinations were held in August 2023 and in February 2024. The stand of the respondents is that when the system permits the private candidates also to appear for “Computer on Office Automation” examination, it would be inequitable to make them to undergo the very same process like a student undergoing the course in a regular institute. After taking me through the contents of the counter affidavit, the learned Additional Government Pleader submitted that there is no merit in the writ petition. He called upon this Court to dismiss the writ petition by sustaining the impugned Government Order. 5. I carefully considered the rival contentions and went through the materials on record. 6. It is not as if the issue is cropping up for the first time. When in the year 2021, notification issued by the Director of Technical Education enabled the private candidates to take part in the examination for certificate course in “Compute on Office Automation” with a mere self-declaration, it was put to challenge in W.P.(MD)No.8456 of 2021. 6. It is not as if the issue is cropping up for the first time. When in the year 2021, notification issued by the Director of Technical Education enabled the private candidates to take part in the examination for certificate course in “Compute on Office Automation” with a mere self-declaration, it was put to challenge in W.P.(MD)No.8456 of 2021. The writ petition was allowed by a learned Judge of this Court vide order dated 23.12.2021. Paragraph Nos.4, 5, 6, 10 and 12 read as follows:- 4. Mr.Raguvaran Gopalan, learned counsel for the petitioner pointed out that in the impugned notification, educational qualification and the training qualification had been given as follows: “A. EDUCATIONAL QUALIFICATION: I. A pass in SSLC of Tamil Nadu State or Equivalent Examination thereof. And A pass in Junior Grade Typewriting Examination in English / Tamil of the Department of Technical Education, Tamil Nadu or the Equivalent Examination thereof. (or) II. A pass in Higher Grade Typewriting English / Tamil of the Department of Technical Education, Tamil Nadu or equivalent Examination on thereof. B.TRAINING QUALIFICATION: I. Candidate should have undergone a minimum of 120 hours of training in a recognized Typewriting Institute or Government / Government Aided / Selffinancing Polytechnic Colleges. II. Private candidates who have qualified and undergone a minimum of 120 hours of training in a private institute may also appear for the Examination as Private Candidate. III. All the candidates including Private Candidates should maintain a record note-book for the Practical Classes attended by them as per the syllabus and submit the same at the time of their Practical Examination.” 5. Learned counsel has no quarrel with these two stipulation either with the educational qualification or with the training qualification. But, learned counsel insists examination of the nature of authentication that the candidate had actually completed 120 hours of training in a recognised typewriting institute. It is imperative that a declaration must also be given by the candidate that he/she had qualified in a particular institute. If he/she names a particular institute or say that he/she had actually undergone such training in a recognised typewriting institute, then such declaration by the candidate, should also be counter-signed by a responsible officer of the named typewriting institute. 6. I can see the reasoning behind the representation made by Mr.Raguvaran Gopalan. If he/she names a particular institute or say that he/she had actually undergone such training in a recognised typewriting institute, then such declaration by the candidate, should also be counter-signed by a responsible officer of the named typewriting institute. 6. I can see the reasoning behind the representation made by Mr.Raguvaran Gopalan. This declaration would protect the candidate and give a sense of responsibility to declare that he/she had actually undergone 120 hours of training. I therefore, hope that the declaration, in all means, would be true. It would clarify that the candidate is actually qualified and has acquired the skills and expertise in Certificate Course in Computer on Office Automation. It would also indicate that he/she had undergone a course for the same in a recognised typewriting institute counter-signed by a responsible officer. 10. A copy of the said declaration form which has to be given by a candidate and which has to be certified by the institute is appended to this order. 12. In view of the above observations, this Writ Petition is allowed to the extent of issuing a Mandamus directing the second respondent to include the aforementioned declaration form also in the application form and re-issue the notification at the earliest. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.” 7. It appears that this order was not put to challenge. The impugned Government Order clearly runs counter to the direction issued earlier. It is of course well settled that the judgment of a Court can be undermined by resorting to the device of validation. Such measures are known as Validating Acts. In order to do so, the basis on which the judgment rests will have to be undone in toto. No judgment can be overruled by the executive or the legislature. The case on hand pertains to “Rules and Regulations Governing The Certificate Course In Computer on Office Automation”. Such measures are known as Validating Acts. In order to do so, the basis on which the judgment rests will have to be undone in toto. No judgment can be overruled by the executive or the legislature. The case on hand pertains to “Rules and Regulations Governing The Certificate Course In Computer on Office Automation”. Clause (3) of the rules reads as follows:- “Duration of the course: A candidate has to undergo minimum of 120 hours of Training at the recognised Typewriting institute and Government / Government Aided / Self financing Polytechnics.” By the impugned Government Order, this rule has been amended as follows:- “An Institute Candidate has to undergo minimum of 120 hours of Training at the recognised Typewriting Institutes and Government / Government Aided / Self financing Polytechnics and a Private Candidate has to give a declaration stating of 120 hours trained by self.” 8. The condition to undergo 120 hours of training has not been done away with. It is holding good. While the candidate undergoing training at a recognised Typewriting Institute or a Polytechnic will have to furnish the certificate duly signed by the competent official, no such requirement is applicable to a private candidate. He only has to give self-declaration that he had taken self-training for 120 hours. The only way by which the order in W.P.(MD)No.8456 of 2021 could have been undermined was to remove and delete the very requirement of undergoing 120 hours training in the rule book. That has not been done. Without do so, the authority could not have permitted the private candidates to participate in the examinations on the strength of self-declaration. On the ground that the impugned Government Order runs counter to the order dated 23.12.2021 made in W.P.(MD)No.8456 of 2021, the impugned amendment is set aside. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.