S.Sundararaj v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.2189 & 2190 of 2021 S.Sundararaj

...Petitioner

Vs.

The Chairman, Tamilnadu Public Service Commission, TNPSC Road, Chennai-600 003.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, praying to quash the list (Annexure) published by the respondent herein dated 18.12.2020 with respect of Eligible candidates for Oral Test for the post of Veterinary Assistant Surgeon in the TN Animal Husbandry Service so far as the petitioner is concerned and further direct the respondent herein to permit the petitioner 1/5

(Register No.010007083) to participate in the Oral test (Interview) for the post of Veterinary Assistant Surgeon in the TN Animal Husbandry Service. For Petitioner : Mr.S.Lakshmanasamy For Respondent : Mrs.G.Hema, Standing Counsel

ORDER

The petitioner herein participated in the recruitment process. Pursuant to the notification issued by the respondent/ the Public Service Commission, vide notification No.32/2019 dated 18.11.2019, for filling up 1141 vacancies of Veterinary Assistant Surgeon in the TN Animal Husbandry Service, the petitioner was found eligible on screen certificate verification on original basis with Registration No.010007083 and thereafter, the application of the petitioner was rejected the same was declined on 18.12.2020. Aggrieved by the said rejection of the application of the petitioner, the present writ petition has been filed.

2. The petitioner mainly contended that the respondent has not assigned any reason for rejecting the application of the petitioner. The 2/5

respondent has filed counter affidavit as early as on 17.02.2021, indicating in order to be eligible for consideration for appointment to the post is studying Tamil as one of the subjects in Higher Secondary studies is mandatory, but and the petitioner has not submitted any document in proof of having studied Tamil as one of the subjects in the Higher Secondary studies.

3. It is not in dispute that studying Tamil as one of the subject is mandatory requirement in order to become eligible for appointment to the post of Veterinary Assistant Surgeon. Inspite of the respondent categorically stating the same as one of the ground for rejecting the application of the petitioner, the petitioner has not filed any reply or rejoinder, contradicting the same or to show that petitioner has in fact studied Tamil as one of the subjects in the Higher Secondary studies. In the absence of any such contention or proof having been uploaded in proof of studying Tamil as one of the subjects in the Higher Secondary studies, this Court does not find any error or illegality in the action of the respondent/Commission in rejecting the application of the petitioner. It is not a case where any mala-fides are alleged against the respondent Commission. Hence, there cannot be any special reason for 3/5

rejecting the application of the petitioner, if the petitioner had already uploaded any such certificate in proof of having studied Tamil as one of the subjects in Higher Secondary studies.

4.In the light of the above facts, this Court does not find any merit in the writ petition. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 13.06.2024 vsn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order MUMMINENI SUDHEER KUMAR, J.

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vsn W.M.P.Nos.2189 & 2190 of 2021 13.06.2024 5/5