M.Amaladoss v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.26826 OF 2010 AND M.P.NOS.2 AND 3 OF 2010 M.Amaladoss ... Petitioner .Vs.

The Secretary, Tamil Nadu Public Service Commission, No. 1, Greams Road, Chennai - 600 006.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, praying to call for the records pertaining to the Respondent's undated impugned marks list and quash the same so far as the Petitioner is concerned and consequently direct the Respondent to declare the results of written and oral tests of the Petitioner and in the event of the Petitioner securing the required marks in the tests to include him in the provisions selection list for appointment by direct recruitment to the post of Motor Vehicle Inspector Grade II in the Tamil Nadu Subordinate Service, 2006-2008. For Petitioner :

No appearance For Respondent :

Mr.Karthik Rajan Standing Counsel

O R D E R

(Through Video Conference) There is no representation for the Petitioner when the matter is called at 11.20 a.m. today.

2. Mr.Karthik Rajan, Learned Standing Counsel appearing for the Respondent has field a memo dated 18.11.2021, which reads as follows:-

"

The above Writ Petition has been filed by the Petitioner, seeking appointment to the post of Motor Vehicles Inspector Grade II for the year 2006-08 pursuant to the Recruitment Notification dated 24.02.2009 (Advertisement No. 187 of the TNPSC). A detailed counter affidavit has already been filed on behalf of the Respondent Commission stating that the Petitioner's result was withheld pending acceptance of qualification and experience possessed by him. On the acceptance of the qualification and workshop experience, the candidate was informed of non-selection by the Respondent Commission in its Memo No. 4424/OTD-B4 dated 28.04.2015 duly furnishing the marks obtained by him and cut-off marks (copy enclosed). The Petitioner, belonging to the BC (OBCM) category has secured 241.

50 marks (220,50 in Written Examination plus 21 marks in Oral Test) whereas the last candidate selected in the BC (OBCM-General) category has obtained 253.50 marks. Therefore, he was not selected for appointment. It is therefore prayed that this Hon'ble Court may take this Memo, as well as the Copy of Memo No. 424/OTD-B4 dated 28.04.2015 of the Respondent Commission and dismiss the Writ Petition, thus rendering justice."

The copy of the Memorandum No.424/OTD-B4/2008 dated 28.04.2015 issued by the Section Officer, Tamil Nadu Public Service Commission has also been produced in support thereof. It is borne out from the aforesaid materials that the Petitioner, who has secured 241.50 marks as against the cut-off marks of 253.50 marks, is not eligible for selection in the impugned notification and consequently, he is not entitled to any relief as claimed in this Writ Petition.

In fine, the Writ Petition is disposed. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vjt/skr

To The Secretary, Tamil Nadu Public Service Commission, No.1, Greams Road, Chennai - 600 006.

Copy To:- M.Amaladoss, S/o.Mariya Michael, No.2, S.S. Nagar, Nizam Colony, Pudukkottai.

W.P.NO.26826 OF 2010 KSM(CO) PBS/26/11/2021