At, Before the Madurai Bench of Madras High Court
By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
For the Petitioner: S. Sarvagan Prabhu, Advocate. For the Respondents: ------
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned prospectus (2020-2021) of respondents University thereby quash the condition contemplated in clause 5.4 Programme code 19 P.G.Diploma in Sanitary Inspector's Course, a Pass in B.SC.Chemistry only with higher secondary Biology / Botany and Zoology for admission and as illegal and direct the 2nd respondent to allot seat for the petitioner by considering the application No.20200286, dated 07.10.2020 as per prospectus (2018-2019) of respondents University related to clause 5.9 programme code 23 P.G.Diploma in Sanitary Inspector Course, a pass in B.Sc. Chemistry only.)The petitioner has come forward with the present writ petition challenging the prospectus of the year 2020-2021 wherein for the post of P.G Diploma in Sanitary Inspector, a pass in Chemistry only with Higher Secondary in Biology, Botany and Zoology for admission is mentioned. It was not there in the earlier prospectus for the academic year 2018-2019 and he drew the attention of the Court to clause 5.6 of the previous prospectus. According to him when B.Sc. Chemistry is fixed in the earlier prospectus, modifying the same, the subsequent prospectus would affect the admission of the persons, who have got B.Sc Degree without Biology, Botany and Zoology in 12th Standard. According to him, even in Tamil Nadu Municipal Corporation Public Health Subordinate Service Rules 1996, the specified qualification for P.G.Diploma in Sanitary Inspector Course needs a graduate must possess B.Sc.(Chemistry) and must have passed food Inspector course and Sanitary Inspector course conducted by any Institution recognized by the Government of Tamil Nadu. Hence, this Court is not inclined to interfere insofar as the minimum qualification of P.G Diploma in Sanitary Inspector Course.2. Heard Mr.S.Sarvagan Prabhu, learned counsel appearing for the petitioner. Since no adverse order is going to be passed against the respondents notice to them is dispensed with.3. Admittedly, it is a deemed University and they are entitled to fix minimum standard, which may be more than what has been prescribed in the Rules. This Court cannot sit on the administrative side and decide what are all the qualifications that can be fixed for programme in P.G Diploma in Sanitary Inspector course. We are in the technology world and we cannot be restricting ourselves as the qualifications that are prescribed in earlier years. In olden days the mode of transport is only in Bullock Carts or Horse and now we are travelling in different types of Cars, Aeroplanes, etc. So when there is an advancement in technology and in order to ensure that we have better persons in the programme, there is nothing wrong in the decision of the University in fixing the minimum eligibility requirements for a particular programme. I find there is no reason to interfere with the said prospectus. The University may fix higher standard in the future years to come. We cannot direct the University on the adm
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inistrative side to take old prospectus and include the same over ever.4. With the above observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. It is needless to mention that because of the technology improvement, during Covid-19 Pandemic, Courts are functioning on virtual hearing.