WP/22822/2023 of P.DURAIRAJ Vs THE PRINCIPAL SECRETARY TO GOVERNMENT on 21 September 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present Writ Petition has been instituted challenging the amendment made to the Special Rules for the Tamil Nadu Fisheries Subordinate Service in G.O.Ms. No. 58, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, dated 10.05.2023.

2. Writ Petitioners are working as Assistants, falling under the Tamil Nadu Ministerial Service. It is not in dispute that petitioners have regular promotional avenue to the post of Office Superintendent in the Ministerial line. Apart from that, persons working as Assistants are eligible for appointment to the post of Sub-Inspector of Fisheries by way of transfer of service. Regular promotion to the post of Superintendent will be available to the petitioners in accordance with seniority and on preparation of panel and promotion by the Department.

3. The dispute in the present case is that the qualification prescribed for the post of Sub-Inspector of Fisheries prior to the impugned G.O.Ms. No. 58, dated 10.05.2023 was a degree in Science. Amendment to the Special Rules for the Tamil Nadu Fisheries Subordinate Service was brought in and qualification for appointment to the post of Sub-Inspector of Fisheries was amended as follows: “AMENDMENTS In the said Special Rules, in the ANNEDURE to rule 6, in the Tabular column, for item (Il) in column against

the

entry (Ill) Recruitment by transfer" in column (2) and the corresponding entry "8. Sub-inspector of Fisheries" in column (1) thereof, the following Item shall be substituted, namely:- "(ii) Must possess a degree in Fisheries Science or a degree in Science with Zoology as main subject or a degree in Science with Zoology as ancillary subject; and"

4. Learned counsel for the petitioners would mainly contend that as on 01.05.2023, the petitioners are qualified for appointment to the post of Sub-Inspector of Fisheries by way of transfer of service. The Rule came to be amended through impugned G.O.Ms.No. 58 on 10.05.2023. Therefore, the said Rule should not have been applied to the petitioners for appointment to the post of Sub-Inspector of Fisheries.

5. Learned Government Advocate would oppose by stating that the Rule has been implemented prospectively. In between 01.05.2023 and 10.05.2023, no person working in the cadre of Assistant was appointed by way of transfer of service to the post of Sub-Inspector of Fisheries. Therefore, the claim of the writ petitioner is baseless and is liable to be rejected.

6. Regarding the validity of the amendment, this Court is of the considered view that prescription of educational qualification and eligibility criteria for appointment to a particular post is the prerogative of the Government. The Government from time to time amends the Service Rules in order to improve administrative efficiency in Government Departments. As new courses are introduced by Universities across the Country, specialized courses are being conducted. Those qualifications are inserted in the Rules, so as to appoint persons possessing specialized qualifications in a subject to improve efficiency in public administration.

7. In the present case, the amended Rule would show that qualification is that the candidate must possess a degree in Fisheries Science or a degree in Science with Zoology as main subject or a degree in Science with Zoology as ancillary subject. Therefore, sufficient window has been provided to the employees either to possess a degree in Fisheries Science or a degree in Science with Zoology as main subject or ancillary subject. This being the scope of amendment, the said amendment cannot be construed as infirm nor ultra vires to the Constitution. Since prescription of educational or specialized qualification for appointment to the post is the prerogative of the Government and objected to improve administrative efficiency in Government Departments, the scope of interference by the High Court in exercise of powers of judicial review is limited.

8. Coming to the facts of the present case, the petitioners are working as Assistants in Ministerial Service in the Fisheries Department. Their regular promotion is to the post of Superintendent falling under the Ministerial Service. Appointment to the post of Sub-Inspector of Fisheries is an additional avenue provided for appointment by way of transfer of service. Sub-Inspector of Fisheries is a different service falling under the Tamil Nadu Fisheries Subordinate Service. Therefore, the prescription of qualification would not stand in the way of securing regular promotions to the petitioners to the higher post of Superintendent in Ministerial Service. In any event, the petitioners have not established any acceptable ground to assail the impugned amendment made to the Special Rules for the Tamil Nadu Fisheries Subordinate Service for the post of Sub-Inspector of Fisheries.

9. For all these reasons, the present writ petition is devoid of merits. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Principal Secretary To Government Animal Husbandry, Dairying,Fisheries And Fishermen Welfare Department, 4th Floor, Integrated Animal Husbandry And Fisheries Building, Nandanam, Chennai- 35.

2. The Commissioner Fishery And Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry And Fisheries Building, Nandanam, Chennai- 35.

3. S.Rajkumar Sub Inspector Of Fisheries Fishery And Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry And Fisheries Building, Nandanam, Chennai- 35.

4. J.Beula Sub Inspector Of Fisheries Sethubavachathiram- Head Quarters Office Of The Asst. Director Fishery And Fishermen Welfare Department, Thanjavur.

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WP No. 22822 of 2023 21-09-2026