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Madras High CourtCRL RC/46/2021dismissed

Murali v. State By Inspector Of Police

2021-02-02Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Rev.Appln.(Writ) No.46 of 2021 in W.M.P.No.784 of 2021 in W.P.No.720 of 2021

1. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.

... Review Applicant / 1st Respondent / 1st Respondent

2. The Controller of Examinations, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.

... Review Applicant / 2nd Respondent / 2nd Respondent -vs1. Dr.Lydia J ... Respondent/Petitioner/Petitioner

2. The Director Animal Husbandry and Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035.

3. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited (TACTV), Dugar Towers, 6th Floor, No.34 (123), Marshalls Road, Egmore, Chennai-600 008.

... Respondent/Respondents/Respondents Prayer: Review Application under Order 47 Rule 1 CPC r/w Rule 114 of CPC is filed, praying to review the interim order dated 01.02.2021 made in W.M.P.No.784 of 2021 in W.P.No.720 of 2021, pending disposal of the main Writ Petition.

Prayer in W.M.P.No.784 of 2021:

This Hon'ble Court may be pleased to grant an order interim direction directing the respondents 1 and 2 to keep one post Vacant for the Post of Veterinary Assistant Suregon at Rajakkamangalam , Nagercoil Division , Kanyakumari Region based on he petitioner's Online Application Vide No.929000064 / Register Number 010002116 pending disposal of the main writ petition.

Prayer in W.P.No.720 of 2021:

Writ in the nature of a Writ of Certiorarified Mandamus or any other appropriate Writ, direction or order calling for the records of the 2nd respondent and quash the Publication List OT dated 18/12/2020 concerning the rejection of petitioner's online Application Vide No.929000064/ Register Number 010002116 published in their official website as the same is perverse arbitrary , biased, illegal, untenable, Smacks of malafide and colourable exercise of power and consequently direct the respondents 1 and 2 to consider the petitioner's email representation dated 21/12/2020 for granting permission to submit Higher secondary Course Certificate (+2) Mark Sheet Physically or permit the petitioner to upload the same to the 2nd Respondent in order to participate in the Oral Test commencing from 04.01.2021 onwards for the post of Veterinary Assistant Surgeon in Tamil Nadu Animal Husbandry Service. For Petitioner :

M/s.Dr.R.Gouri For R1 :

Mr.S.L.Sudarsanam

O R D E R

The Review Applicants / TNPSC / Respondents 1 & 2 in the Writ Petition have filed this petition to review the interim order dated 01.02.2021 made in W.M.P.No.784 of 2021 in W.P.No.720 of 2021.

2. The main ground urged by the Review Applicants / TNPSC for review of the interim order is that though the names of more than 1000 candidates have been forwarded to the Government, the same has not been finalized, because of the typographical error in the interim order, as no interview could be conducted, without conducting certificate verification and oral test.

3. This Court passed an interim order dated 01.02.2021, permitting the TNPSC to conduct certificate verification and oral test, with a direction to keep the results in a sealed cover and produce the same before this Court on the next date of hearing. It does not mean that without considering the eligibility criteria of the Writ Petitioner, she should be called for interview. Therefore, this Court, by way of this order, clarifies that in case, the Writ Petitioner is found eligible, she may be called for interview, after certificate verification and oral test and not otherwise. Except the above clarification, the interim order dated 01.02.2021 will hold good in all other respects.

4. The Review Application is ordered to the extent indicated above. No costs.

s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar ar To

1. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.

2. The Controller of Examinations, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.

3. The Director Animal Husbandry and Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035.

4. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited (TACTV), Dugar Towers, 6th Floor, No.34 (123), Marshalls Road, Egmore, Chennai-600 008.

Copy to The Section Officer Writ Section High Court, Madras 104(for posting) +1 CC to Mr.S.L. Sudarsanam, Advocate sr 30667. Rev.Appln.(Writ) No.46 of 2021 in W.M.P.No.784 of 2021 in W.P.No.720 of 2021 VBM(CO) SP(07/07/2021)