IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 14-7-2008 Coram The Honourable Mr.Justice N.PAUL VASANTHAKUMAR W.P.Nos. 14169, 14170, 9687, 10413, 10824, 10825, 10909, 10959, 10960, 11036, 11037, 11038, 11039, 11040, 11094, 11095, 11157, 11158, 11159, 11160, 11161, 11246, 11247, 11248, 12397, 12931, 12932, 12289, 12290, 13229, 13244, 13245, 13283, 13284, 13297, 13341, 13342, 13344, 13345, 13346, 13348, 13352, 13376, 13377, 13378, 13379, 13380, 13381, 13382, 13383, 13386, 13576, 13635, 13636, 13725, 13879, 13880, 14519, 14915 and 15335 of 2008 and connected Miscellaneous Petitions W.P.No.14169 of 2008 V. Mohankumar ... Petitioner in WP.14169/2008 V. Anthoni Muthu ... Petitioner in WP.14170/2008 1.R.Thirumal 2.S.Chandramohan ..Petitioner in WP No.9687/2008 K.Arunmoli ..Petitioner in WP No.10413/2008 M.Vijayakumar ..Petitioner in WP No.10824/2008 K.Rajan ..Petitioner in WP No.10825/2008 S.Gethaapathy ..Petitioner in WP No.10909/2008 Pon. Dhandapani ..Petitioner in WP No.10959/2008 E.Ramesh Balu ..Petitioner in WP No.10960/2008 P.M.Gopla Krishnan ..Petitioner in WP No.11036/2008 N.Kumaresan ..Petitioner in WP No.11037/2008 R.Thangaraj ..Petitioner in WP No.11038/2008 P.Kodeeswaran ..Petitioner in WP No.11039/2008 C.Gopalakrishnan ..Petitioner in WP No.11040/2008 S.Saravanan ..Petitioner in WP No.11094/2008 https://hcservices.ecourts.gov.in/hcservices/ M.Bharanitharan ..Petitioner in WP No.11095/2008 M.Ashok Kumar ..Petitioner in WP No.11157/2008 V.G.Thirumurugan ..Petitioner in WP No.11158/2008 K.Easwara Moorthy ..Petitioner in WP No.11159/2008 V.Rajamani ..Petitioner in WP No.11160/2008 S.Saravanakumar ..Petitioner in WP No.11161/2008 D.Arun ..Petitioner in WP No.11246/2008 B.Kannan ..Petitioner in WP No.11247/2008 M.Arivalagan ..Petitioner in WP No.11248/2008 A.Ansar Babu ..Petitioner in WP No.12397/2008 R.Vijaya ..Petitioner in WP No.12931/2008 C.Devaneswari ..Petitioner in WP No.12932/2008 D.Manimaran ..Petitioner in WP.No.12289/2008 1.B.Sherief 2.K.Mohanraj ..Petitioner in WP No.12290/2008 N.Sunil Kumar ..Petitioner in WP No.13229/2008 A.Varshabadan ..Petitioner in WP No.13244/2008 G.Balasubramanian ..Petitioner in WP No.13245/2008 1.N.Kumaravel 2.P.Suresh ..Petitioner in WP No.13283/2008 S.Arunkumar ..Petitioner in WP No.13284/2008 S.Govindaraj ..Petitioner in WP No.13297/2008 M.Jahangeer ..Petitioner in WP No.13341/2008 1.P.Senthilkumar 2.P.Mohan Kumar Raja 3.N.Thanigaivel 4.A.Prabhu Nanjiya https://hcservices.ecourts.gov.in/hcservices/ 5.A.Rajeswaran 6.G.Selvi 7.T.Mathivanan 8.R.Malathi 9.D.Nataraj 10.R.Kamaraj ..Petitioner in WP No.13342/2008 K.Gopu ..Petitioner in WP No.13344/2008 A.K.Tharaneethar ..Petitioner in WP No.13345/2008 D.Balasaravanan ..Petitioner in WP No.13346/2008 1.N.Vaithi 2.V.Govindaraj 3.P.Surendrakumar 4.K.Sri Sivasamy ..Petitioner in WP No.13348/2008 M.Lakshmikanth Kalathy ..Petitioner in WP No.13352/2008 R.Kalidass ..Petitioner in WP No.13376/2008 S.Gokuladass ..Petitioner in WP No.13377/2008 K.Srinivasan ..Petitioner in WP No.13378/2008 E.Francis ..Petitioner in WP No.13379/2008 N.Dhanasekaran ..Petitioner in WP No.13380/2008 R.Bharathiraja ..Petitioner in WP No.13381/2008 K.Mohan ..Petitioner in WP No.13382/2008 M.Sathish ..Petitioner in WP No.13383/2008 1.S.Viswabharathi 2.C.Vishnu Parthiban 3.C.Senthil Kumar ..Petitioner in WP No.13386/2008 M.Gowrisankar ..Petitioner in WP No.13576/2008 J.Senthil Kumar ..Petitioner in WP No.13635/2008 https://hcservices.ecourts.gov.in/hcservices/ V.Anthoni Muthu ..Petitioner in WP No.13636/2008 A.Nambi Venkatesh ..Petitioner in WP No.13725/2008 E.Nehru ..Petitioner in WP No.13879/2008 A.G.Ilangeswar ..Petitioner in WP No.13880/2008 S.Siddiq ..Petitioner in WP No.14519/2008 T.Udayakumar ..Petitioner in WP No.14915/2008 K.Balasubramaniyan ..Petitioner in WP No.15335/2008 Vs. 1. The Chairman, Tamil Nadu Public Service Commission, Chennai - 600 002. 2. The Secretary to Government, Home Department, Secretariat, Chennai - 600 009. 3. The Special Commissioner & Transport Commissioner, Chepauk, Chennai - 600 005. ...Respondents in WP.14169 & 14170/2008 Secretary to Government Home Transport) Dept., Chennai-9. 1st Respondent in W.P.9687/08, 10824,10825, 12931,12932,12289,12290,13229, 13283,13284,13352,13386,13725/08 Transport Commissioner, Chepauk, Chennai-5. 2nd Respondent in W.P.No.9687/08,12931,12932,12289, 12290,13229,13352,13386/08 Secretary to Government Personnel and Administrative Reforms Department, Secretariat Chennai-9 .. 3rd Respondent in W.P.No.9687/08,12931,12932,12289, 12290,13229,13342,13352,13386,14915/08 https://hcservices.ecourts.gov.in/hcservices/ The Director, Employment and Training Department Gunidy, Chennai-32. ..4th Respondent in W.P.No.9687/08,12931,12932,12289, 12290,13229,13352,13386/08 The Special Commissioner & Transport Commissioner Chepauk,Chennai-5. 2nd Respondent in W.P.No.10413/08,10824,10825, 10901,10959,10960/08,11094,11095/08 2nd Respondent in W.P.11246/08,11247,11248,13283,13284, 13297,13342,13576,13725,13879,13880, 14519,14915, and 15335/08 3rd Respondent in W.P.No.11036/08,11037,11038,11039, 11040,11157,11158,11159,11160,11161, 12397,13244,13245,13341 to 13344, 13345,13346,13348,13376 to 13383,13635,13636/08 The Secretary, Tamil Nadu Public Service commission, Chennai-2. 3rd Respondent in WP.10413/08,10909,11094,11095, 11246,12247,11248,13297 & 15335/08 4th Respondent in W.P.No.13342/08, 14915/08 The Chairman, Tamil Nadu Public Service Commission,Chennai.2. 1st Respondent in W.P.No.11036,11037,11038,11039, 11040,11157,11158,11159,11160,11161, 12397,13244,13245,13341,13344, 13345,13346,13348,13376 to 13383,13635,13636/08 The Secretary to the Government Home Department Secretariat, Chennai-9. 2nd respondent in W.P.No.11036,11037,11038,11039, 11040,11157,11158,11159,11160,11161, 12397,13244,13245,13341,13344, 13345,13346,13348,13376 to 13383, 13635,13636/08 https://hcservices.ecourts.gov.in/hcservices/ 1st Respondent in WP Nos. 11246, 11247,11248,14519/08 Secretary to the Government of Tamil Nadu, Home (Transport IIA) Chennai-9. 1st Respondent in WP.Nos. 10909,10959,10960,13342,13879, 13880,14915/08 Secretary to the Govt. of Tamil nadu Home(Transport-II) Chennai-9. .. 1st Respondent in W.P.No.10413,11094,11095, 13297,15335/08 Secretary to Govt. of Tamil Nadu, Transport Department F.St.G.Chennai-9. 1st Respondent in W.P.No.13576/08. WP.14169 & 14179/2008 Prayer: This writ petition is filed under Article 226 of Constitution of India, praying this Court to issue a writ of Certiorarified mandamus calling for the records of the third respondent pertaining to the notification dated nil, published in Newspaper "Thinakaran" on 13.4.2008 in pursuance of the order of the 2nd respondent made in G.O.Ms.No.324 Home (Tr.II-A) Department, dated 6.3.2008 and quash the same, consequently direct the second and third respondents to consider the name of the petitioner for the post of Motor Vehicle Inspector, Grade-II by contract as per section 10(a)(i)(1) of Tamil Nadu State and Subordinate Service Rules, 1955. Calling for the records vide proceedings in G.O.Ms.No.324 dated 6.3.08, Home (Tr.II-A)Department and quash the same, consequently direct the respondents to fix the educational qualification of Diploma in Automobile Engineering / Diploma in Mechanical Engineering instead of Bachelor of Engineering for the post of Motor Vehicle Inspector Grade - II. (W.P.No.9687/08) (W.P.13386/08) Calling for the records relating to the notification dated 13.4.2008, published by the 2nd Respondent herein in Dinakaran Daily on 13.4.2008, and quash the same and direct the respondent to re notify for the post of Motor Vehicle Inspector Grade - II with the qualification prescribed by the Tamilnadu Public Service Commission in its notification dated 18.4.2001 and as per the Central Motor Vehicle Rule 1989, and further direct the respondents to finalise the selection through Tamilnadu Public Service Commission for 65 Vacancies (W.P.10413/08) https://hcservices.ecourts.gov.in/hcservices/ Calling for the records relating to the notification No.Nil issued by the 2nd Respondent herein dated Nil calling for application for appointment of Motor Vehicle Inspector Grade II on contract basis as published in the daily "Thina Thanthi" dated 13.4.2008 in so far as clause (B) (i) and Clause (A) respectively is concerned and quash the same and consequently direct the 2nd Respondent to consider the petitioner for being appointed Motor Vehicle Inspector Grade - II on contract basis (W.P.10824 & 10825/08) calling for the records relating to G.O.Ms.No.324, Home (Tr.II-A) Department dated 6.3.08 issued by the Secretary to government, Home Department, Fort St.George, Chennai - 9, the 1st Respondent herein and the consequential notification issued by the Special Commissioner and Transport Commissioner, Chepauk, Chennai -5, the 2nd Respondent herein dated 13.4.2008 quash the same and direct the Tamilnadu Public Service Commission, Chennai - 2, the 3rd Respondent herein to publish the result of regular selection pursuant to the examination conducted during the year 2007 and consequently appoint the selected candidates in the existing vacancies in the post of Motor Vehicle Inspector Gr.IIl on a permanent basis or in the alternative till or regularly selected candidates through TNPSC is made, direction may be issued to the 2nd Respondent herein to fill the existing vacancies from out of the persons who have already applied to the TNPSC for the post of Motor Vehicle Inspector Gr.II pursuant to 2007 Notification based on the age of the applicants therein either on a temporary basis or on a contractual basis till the above said regular appointment is made through TNPSC (W.P.10909/08) calling for the records of the Advertisement issued in English News Daily The Hindu, made in DIPR/713/Dis/2008 dt.13.4.2008 in so far as it imposes age restriction contained in sub clause (a) (S) & (a)(z) respectively of Clause (xii) of the terms and conditions issued by the special Commissioner and Transport Commissioner, Chepauk, Chennai - 5, the 2nd Respondent for the post of Motor Vehicle Inspector Grade II in the Tamilnadu Transport Subordinate Service, and quash the same and consequently direct the respondents (1) to permit the petitioner to send the required certificate along with resume (W.P.10959 & 10960/08) (2) to consider the application of Petitioner and issue hall ticket (W.P.13879 & 13880 of 2008) so as to enable him to participate in the selection to the post of Motor Vehicle Inspector Grade II in the Tamilnadu Transport Subordinate Service and consequently direct the respondent to consider the petitioner for appointment to the said post (W.P.10959 and 10960/08) calling for the records of the 3rd Respondent pertaining to the notification published on 13.4.2008 in pursuance of the order of the 2nd Respondent made in G.O.Ms.No.324 Home (Tr.II-A) Department dated 6.3.08 and quash the same and consequently direct the 3rd respondent to https://hcservices.ecourts.gov.in/hcservices/ consider the petitioner for the appointment to the post of Motor Vehicle Inspector, Grade II by contract (W.P.11037, 11038, 11039 & 11040 of 2008) calling for the records relating to the notification dated 13.4.08 published by the 2nd Respondent herein in Dinakaran daily on 13.4.08 and quash the same and direct the respondents to renotify for the post of Motor Vehicle Transport, Grade II with the qualification prescribed by the Tamilnadu Public Service Commission in its Notification dated 18.4.07 and as per the Central Motor Vehicle Rule 1989 & further direct the respondent to finalise the selection through TNPSC for 65 vacancies (W.P.11094 and 11095/08) calling for the records of the 3rd respondent pertaining to the Notification No.Nil published in Newspaper "Thinakaran" on 13.4.08 in pursuance to the order of the 2nd Respondent made in G.O.Ms.No.324 Home (Tr.II-A) Department dated 6.3.08 and quash the same and consequently direct the 3rd Respondent to consider the petitioner for the appointment to the post of Motor Vehicle Inspector Grade - II by contract (W.P.11157, 11158, 11159, 11160, 11161/08) W.P.12397/08, W.P.13244/08, 13245/08, W.P.13344, 13345, 13346, 13348, 13376 to 13383, 13635, 13636 & W.P.14519/08. Calling for the records available on the file of respondents 1 and 2 pertaining to the issue of the advertisement published in the Hindu Newspaper on 13.4.08 for making contract appointments to the post of Motor Vehicle Inspector Grade-II and quash the same and consequently direct the respondents 1 and 2 to make the contract appointments to the post of Motor Vehicles Inspector Grade-II only from the candidates who posses the requisite qualifications for the regular appointment to the post of Motor Vehicle Inspector Grade - II, in Tamilnadu Transport Department only for a temporary period till the regularly selected candidates from the 3rd Respondent join the service (W.P.11246, 11247, 11248 / 08) Calling for the records vide proceedings in G.O.Ms.324 dated 6.3.08 Home (Tr.II-A) Department and Quash the same, consequently direct the Respondents to fix the educational qualification in Diploma in Automobile/Mechanical Engineering instead of Bachelor of Engineering for the post of Motor Vehicle Inspector (WP.12931, 12932/08) WP.12290/08, WP/13229/08. Calling for the records with regarding to vide proceedings in G.O.Ms.No.324 dated 6.3.08 Home (Tr.II-A) Department and Quash the same, consequently direct the Respondents to give the age Relaxation to the petitioner as per Rule 12(d) of the Amended in Tamil Nadu State and Subordinate Service Rules (WP.12289/08) https://hcservices.ecourts.gov.in/hcservices/ Calling for the records pertaining to the notification issued by the 2nd Respondent in DIPR/713/Dis/2008 dt. Nil as published in the Hindu dated 13.4.08 and quash the same, and direct the Respondents to fill up the post of Motor Vehicle Inspector Grade II as per the special rules by considering the Diploma holders in Mechanical Engineering or Automobile Engineering alone (WP.13283/08, 13284/08), 13725/08. Calling for the records relating to G.O.Ms.No.324 Home (Tr.II-A), Department dated 6.3.08 on the file of the Ist Respondent and the consequential notification issued by the 2nd respondent which was published in the Hindu News paper dated 13.4.08 on the file of the 2nd Respondent quash the same in so far as the qualification of age limit is concerned and direct the respondents to appoint the petitioner in the existing vacancies in the post of Motor Vehicle Inspector Grade-II on a contractual basis till the regular appointment is made thro' TNPSC (WP.13297/08). Calling for the records of the 3rd respondent pertaining to the notification published on 13.4.08 in pursuance of the order of the 2nd respondent made in G.O.Ms.No.324 Home (Tr.II-A) Department dated 6.3.08 and quash the same and consequently direct the 3rd respondent to consider the petitioner for the appointment to the post of Motor Vehicle Inspector Grade-II by contract in so far as the petitioner is concerned (WP.13341/08). Calling for the records of respondents in connection with the impugned order passed by the Ist respondent in G.O.Ms.No.324 Home Transport-II A Department dated 6.3.08 and consequential notification issued by the Special Commissioner and Commissioner of Transport, Chepauk, Chennai -5 dated 13.4.08 in English Daily “The Hindu” dated 13.4.08 and quash the same (1) and further direct the 4th Respondent (WP.13342/08) (2) in so far as the age restriction contained in sub clause (a)(2) of clause XII of terms & conditions prescribing upper age of 32 years & further direct the respondents (WP.14915/08) to conduct recruitment to the post of Motor Vehicle Inspector, Grade-II (WP.13342/08). Calling for the records with regarding to vide proceedings in G.O.Ms.324 dated 6.3.08 Home (Tr.II-A) Department and Notification dated Nil published in News Paper Thinakaran on 13.4.08, quash the same, consequently direct the respondents to consider the Diploma in Automobile Engineering candidates for the post of Motor Vehicle Inspector Grade II (WP.13352/08) Writ of Mandamus directing the respondents more particularly the 2nd respondent to consider the representation made by the petitioner on 13.5.2008 to 29.5.08 (WP.13576/08). https://hcservices.ecourts.gov.in/hcservices/ Calling for the records to the notification dated 13.4.08 published by the 2nd Respondent herein and quash the same and direct the respondents to fill up 65 vacancies through Tamil Nadu Public Service Commission pursuant to its notification dated 27.7.01 for the post of Motor Vehicle Inspector Grade-II (WP.15335/08). For Petitioners :Mr.N.R.Chandran, Senior Counsel, for Mr.N.Umapathi, M.Elango, Mr.K.Venkataramani, Senior Counsel for Mr.M.Muthappan Mr.A.Kalaiselvan, Mr.N.Subramaniyan, Mr.D.Krishnakumar, Mr.K.Rajkumar, Mr.R.Govindasamy, Mr.S.Xavier Felix, Mr.V.Venkatasamy, Mr.S.Mani, Mr.P.R.Dinesh Kumar, Mr.S.Doraisamy, Mr.V.Harikrishnan, and Mr.S.P.B.Dhuraishamy For 1st Respondent/TNPSC:Mr.A.Arul, Standing Counsel for TNPSC For Respondents 2 & 3/ :Mr.P.S.Raman, Addl. Adv. General State of Tamil Nadu assisted by Mrs.Lita Srinivasan, Government Advocate COMMON ORDER This batch of 58 cases are filed challenging in entirety the G.O.Ms.No.324 Home Department, dated 6.3.2008 or in part of the said Government order by the petitioners, seeking further direction to consider the name of the petitioners for selection to the post of Motor Vehicle Inspectors Grade-II on contract basis as per section 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, 1955. 2. As the issue involved in all the writ petitions are one and the same, all the 58 writ petitions are disposed of by this common order. For the sake of convenience, W.P.No.14169 of 2008 is taken as lead case and the parties in this common order are referred accordingly. https://hcservices.ecourts.gov.in/hcservices/ 3. The case of petitioners are that they have completed Diploma in Mechanical Engineering and gained experience of more than one year in the Government approved and reputed Automobile Workshops and they are having valid driving licence for driving Motor vehicles, Heavy Goods Vehicles and Heavy Passenger Motor Vehicles. The Tamil Nadu Public Service Commission issued notification in advertisement No.107 for filling up 49 vacancies estimated in February, 2007, pursuant to which the petitioners herein applied for the above said posts, as according to them, they are all qualified candidates. Written test was conducted on 29.7.2007 by the TNPSC for preliminary selection and the petitioners are awaiting for results. 4. In the meanwhile, the Government issued G.O.Ms.No.324, Home Department, dated 6.3.2008 and invited applications for appointment of 65 Motor Vehicle Inspectors Grade-II on contract basis till the regular recruitment process is completed by the TNPSC. In the said Government Order, the respondents prescribed the qualification as pass in B.E. degree in Automobile Engineering or related branches of Engineering. It is further stated that the said appointments will be initially for a period of one year from the date of joining or till the date of the regularly appointed candidates join duty and the contract may be extended further at the discretion of the Contract Appointment Committee/Government, depending upon the performance and need. The further condition prescribed are that the persons to be appointed shall adhere to the working hours assigned to the regular Motor Vehicle Inspectors and discharge all other duties and responsibilities assigned to the post. The post of Contract Motor Vehicle Inspector Grade-II shall carry consolidated pay of Rs.8,000/- per month. Since the post involve heavy money transaction, production of bank guarantee or suitable security to the tune of Rs.5,00,000/- (Rupees Five Lakhs) is also insisted. It is further stated that the performance of the candidates will be assessed on quarterly basis. 5. Pursuant to the said Government Order, the Transport Commissioner issued further instructions on 13.4.2008 wherein minimum age of 21 and upper age limit of 32 is prescribed and for BC, MBC, SC & ST candidates, relaxation of five years upto 37 years is also given. It is also prescribed that the candidate must also possess experience of six months after obtaining Heavy Motor Vehicle licence. The total seats are distributed based on reservation norms. The Government also invited applications through advertisement dated 13.4.2008. 6. The said orders of the respondents are challenged in this batch of 58 writ petitions either in toto or some of the clauses on the ground that the notification is contrary to Section 213 of the Motor Vehicles Act, 1988, and the notification issued by the Central Government prescribing minimum qualification through S.O.443(E) dated 12.8.1989. The said notification is also in violation of Rule 10(a)(i) https://hcservices.ecourts.gov.in/hcservices/ of the Tamil Nadu State and Subordinate Service Rules, 1955, particularly with regard to the prescription of qualification and by permitting the respondents to proceed with the impugned selection, petitioners' right to get selected based on the Diploma qualification and one year experience certificate, will be affected. It is further stated that directing to produce bank guarantee/security for a sum of Rs.5 lakhs is arbitrary and the said condition deprives the rights of several qualified candidates and it is in violation of Articles 14 and 16 of the Constitution of India. The right of the BC, MBC, SC and ST candidates are affected as Rule 12(d) of the Tamil Nadu State and Subordinate Service Rules, 1955, enables the said candidates to apply without reference to age restriction. 7. The Special Commissioner and Transport Commissioner, Chepauk, Chennai-5, filed counter affidavit wherein it is contended as follows: (a) The Motor Vehicle Inspectors Grade-II post is coming within the purview of the TNPSC. The transport department of the Government is periodically sending proposal for filling up of vacancies through TNPSC. The estimate of vacancies for the years from 2000 to 2008 (from 1.5.2000 to 30.4.2008) are 122 and out of this, only 8 appointment pertaining to 2000-2001 was made through the TNPSC during September, 2007. The subsequent request of the Government to fill up the vacancies numbering 49 was notified by the Government in February, 2007. For 49 vacancies, till date the selection process is not completed and at present out of 139 sanctioned posts of Motor Vehicle Inspectors Grade-II, 91 posts amounting to nearly 66% are lying vacant. (b) The TNPSC is likely to take not less than 8 to 10 months to complete the selection process and to meet the immediate requirements, the Government thought fit to appoint Motor Vehicle Inspectors Grade-II on contract basis, pending selection by the TNPSC. The Grade-II Motor Vehicle Inspector post is the feeder category post for other higher level technical cadres and therefore it is impossible to complete the day to day works in the department. Since the post is coming within the purview of the TNPSC and the TNPSC is taking time due to their internal lengthy procedures, alternative and expeditious measures are to be found out and therefore the Government had to explore the possibility of filling up of these 65 vacancies on contract basis. The selected candidates may have to attend to the following important items of works: a) Conduct of driving tests and issue of driving licences; b) Inspection of vehicles for registration, for issue/renewal of Fitness Certificates; https://hcservices.ecourts.gov.in/hcservices/ c) Inspection of vehicles involved in accidents; and d) To enforce the provisions of the Motor Vehicles Act & Rules so as to detect the irregularities resulting incollection of fine/tax/ compounding fee due to the Government and also to curb other irregularities. Pointing out the said urgency, the respondents are justifying the issuance of the impugned orders. (c) Insofar as the contention that the Government has no power to appoint Motor Vehicle Inspectors Grade-II on contract basis, according to the respondents, Rule 11 of the Tamil Nadu State and Subordinate Service Rules, 1955, empowers the Government to make such contract appointments. Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, 1955, also empowers the respondents to call for a list from the employment exchange and make temporary appointment. Following the said rules, application from eligible candidates were called for by fixing last date as 30.4.2008 through advertisement in prominent newspapers like 'The Hindu, The Indian Express, Dina Thandhi and Dinakaran' and 419 applications were received upto 30.4.2008 by 5.45 p.m. (d) Regarding prescription of educational qualification is concerned it is stated that Motor Vehicle Inspectors Grade-II require persons with higher qualification due to modernisation of industry, due to the change in the circumstances like manufacturing of hi-tech vehicles, etc., the department has to fully equip itself to meet the challenges of the present situation. It is also contemplating to acquire latest technologies such as introduction of smart-card system, high security number plates, various E-Governance measures in collection of taxes, fees and other administrative matters and the present officers are unable to cope up with the said challenges due to lesser educational qualification. Therefore the Government prescribed a pass in B.E.(Automobile Engineering) or related branch of Engineering for contract appointments. (e) Insofar as the direction to produce security/bank guarantee of Rs.5 lakhs from the selected candidates it is stated that the selected candidates shall have to handle huge amount of cash while checking vehicles, collecting taxes/fine/ compounding fees, etc. The said amount will have to be remitted to the Government account either on the same day or on the next day and some times, due to intervening holidays, the amount collected could not be remitted immediately and due to the said facts, there is possibility of misappropriation of amounts so collected and if it happens, the loss could be compensated https://hcservices.ecourts.gov.in/hcservices/ from the security to be furnished, as no other action could be taken against the selected persons, who are holding temporary posts for a period of one year for whom service rules are not applicable. (f) Insofar as not prescribing the minimum experience is concerned, it is stated that to verify the genuineness of the experience certificate it will take enormous time, which will cause unnecessary delay in appointment. Pointing out the above reasoning the impugned order is sought to be justified by the respondents. 8. Heard Mr.N.R.Chandran, learned Senior Counsel, Mr.K.Venkataramani, learned Senior Counsel, Mr.A.Kalaiselvan, Mr.N.Subramaniyan, Mr.D.Krishnakumar, Mr.K.Rajkumar, Mr.R.Govindasamy, Mr.S.Xavier Felix, Mr.V.Venkatasamy, Mr.S.Mani, Mr.P.R.Dinesh Kumar, Mr.S.Doraisamy, Mr.V.Harikrishnan and Mr.S.P.B.Dhuraishamy, learned counsels on behalf of the petitioners and Mr.A.Arul, learned Standing Counsel for the TNPSC/1st respondent and Mr.P.S.Raman, learned Additional Advocate General, for the State of Tamil Nadu/respondents 2 and 3. 9. The learned Senior Counsels and other counsels appearing for the petitioners submitted that the impugned order is contrary to Section 213 of the Motor Vehicles Act, 1988, as well as to the notification issued under the Central Motor Vehicles Rules, wherein Diploma in Mechanical Engineering and working experience of at least one year with possession of driving licence to drive Motor Vehicles, Heavy Goods Vehicle and Heavy Passenger Motor Vehicles are prescribed. It is further contended that under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, 1955, only qualified persons with prescribed qualification under the recruitment rules can be appointed temporarily, if there is undue delay in selecting persons regularly. The notification issued is contrary to the recruitment rules and therefore the proposed appointments cannot be treated as under Rule 10 (a)(i). In the TNPSC notification issued for selecting candidates for the very same post, there is no age limit fixed for B.C., MBC, SC and ST candidates in terms of Rule 12(d) of the Tamil Nadu State and Subordinate Service Rules, 1955, and in the impugned