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Madras High CourtWP/53/2019dismissed

K.Manibarathi v. Tamilnadu Public Service Commission

2023-02-24Honourable Mr Justice M.S. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.Nos.58, 313 & 465 of 2019 K. Manibarathi ... Petitioner in WP.No.53/2019 Tamilarasan ... Petitioner in WP.No.299/2019 S. Sowbakkiya ... Petitioner in WP.No.447/2019 Vs.

1.Tamil Nadu Public Service Commission, Rep. by its Member Secretary, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

2.Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

... Respondents in all WPs Prayer in WP.No.53/2019: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the list dated 17.12.2018 issued by the 2nd respondent with annexure as published in the official website of the 1st respondent for the post of Agriculture Officer 1/6

(Extension) included in Tamil Nadu Agriculture Extension Service as per the Notification No.09/2018 dated 03.05.2018 issued by the 1st respondent and quash the same insofar as the rejection of the petitioners candidature in Registration Number 190001099 and consequently direct the respondents to call for the petitioner to attend Oral Test to be held from 02.01.2019 to 08.01.2019 and further direct the respondents to appoint the petitioner to the post of Agricultural Officer (Extension) with effect from 11.02.2019 with all service benefits and monetary benefits and within a reasonable time may be fixed by this Court. (*Prayer amended vide order dated 03.02.2023 made in WMP.No.33056/2022 in WP.No.53/2019 by MSRJ*) Prayer in WP.No.

299/2019: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the list of candidates provisionally admitted for oral test to the post of Agricultural Officer Extension in the Tamil Nadu Agricultural Extension Service 2015-2016, 2016-2017, 2017-2018 and 2018-2019 dated 17.12.2018 insofar as the rejection of register number 020003285 of the petitioner is concerned in Annexure-II and quash the same and consequently direct the respondent to include the number of the petitioner 020003285 in the selection list so as to enable the petitioner to attend the certificate verification to be held on 02.01.2018 to 09.10.2018.

Prayer in WP.No.447/2019: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified 2/6

Mandamus, calling for the entire records connected with the impugned notification/selection list published by the 2nd respondent through online on 17.12.2018 and quash the same in respect of non-inclusion of the petitioner alone and consequently direct the respondents to permit the petitioner to participate in the oral test to be held on 02.01.2019 to 08.01.2019 (except 05.01.2019 and 06.01.2019) for the post of Agricultural Officer (Extension) in the Tamil Nadu Agricultural Extension Service 2015-2016, 2016-2017, 2017-2018 and 2018-2019. For Petitioner : M/s.Dakshayani Reddy, (in WP.No.299/2019) Senior Counsel for M/s.N. Umapathi For Petitioner : M/s.S. Sathia Chandran (in WP.No.447/2019) For Respondents : Mr.I. Abrar Md. Abdullah (TNPSC) (in all WPs) COMMON ORDER All the petitioners herein had made applications pursuant to the notification No.9/2018 dated 03.05.2018, for the post of Agricultural Officer in the recruitment process to be conducted by the Tamil Nadu Public Service Commission (TNPSC). They claim priority under SC-General category.

2. According to the learned counsels for the petitioners, though 3/6

they had initially sought for priority under PSTM category, they now seek for priority under SC-General category.

3. In accordance with the claim made by the petitioners herein, the TNPSC was called upon to file a status report of the marks obtained by the petitioners, together with cut off marks for SC-General category. These marks were supplied to this Court in a sealed cover and the learned counsel for TNPSC also submitted that the marks can be disclosed to the petitioners. On perusal of the report supplied by TNPSC, it is seen that the petitioners have obtained the following marks:-

1) Marks obtained by the petitioner candidates in written examination:- Sl.No.

Name and Register Number Community and Gender Details of W.P.

Total Marks in the written examination 1.

Tamilarasan (020003285) SC (Male) 299/2019 168.00 2.

Sowbakkiya (170006126) SC (Female) 447/2019 139.50 3.

Manibharathi.K (190001099) SC (Male) 53/2019 142.00

4. The cut-off marks for admission to the oral test for various 4/6

categories are as follows:-

3) Marks obtained by the last selected candidate admitted to Oral Test:- Sl.No.

Selection Category Cut-off Marks for admission to OT 1.

SC(G) 274.50 2.

SC(G)(PSTM)-*Substitute 270.50 3.

SC(W) 259.50 4.

SC(W)(PSTM)-*Substitute 258.50 5.

SC(A)(G) 272.50 6.

SC(A)(G)(PSTM)-*Substitute 270.00 7.

SC(A)(W) 245.00

5. Apparently, the petitioners herein have not reached the zone of consideration. As such, their claims in the present Writ Petition does not deserve consideration.

6. Accordingly, the Writ Petitions stand dismissed. No costs. Connected miscellaneous petitions are closed. 24.02.2023 Speaking/Non-speaking Order Sni M.S.RAMESH, J.

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Sni To 1.Member Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

2.Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

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