V.Kamalakannan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.28510 of 2012 and M.P.Nos.1, 2 & 3 of 2012 V.Kamalakannan .. Petitioner

Versus

1.State of Tamil Nadu rep.

by its Secretary to Government, Personnel & Administrative Reforms Department, Secretariat, Chennai 600 009.

2.Tamil Nadu Public Service Commission, rep. by its Secretary, No.1, Greams Road, Chennai 600 006.

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent commission with regard to the list of candidates called for the oral test published on 8.6.2012 on the website of the second respondent commission with regard to the selection and appointment to the Combined Subordinate Services Examination-I notified vide advertisement 258 dated 30.12.2010 & supplement advertisement No. 265 dated 8.2.2011 and quash the same and consequently direct the second respondent commission to prepare a fresh select list in the ration of 1:2 to the total No.

of posts notified and after following the reservation with regard to special reservation as laid down by the Apex Court in 2007 (8) SCC 785 and consequently include the petitioner's name in the list of candidates called for the oral test and select and appoint the petitioner to the post notified in the Combined Subordinate Services Examination-I notified vide advertisement No.258, dated 30.12.2018 & supplement advertisement No.265, dated 08.02.2011.

For Petitioner :

Mrs.Dakshayani Reddy For RR1 :

Mr.R.Vijayakumar, AGP

For RR2 :

Mr.Balamuralikrishnan

ORDER

[Order of the Court was made by R.MAHADEVAN, J. ] According to the petitioner, he belongs to Backward Class Community. Pursuant to the advertisement No.258, dated 30.12.2010 and supplement advertisement No.265, dated 08.02.2011 issued by the second respondent, he applied for the Combined Subordinate Services Examination I. Subsequently, he wrote the examination on 30.07.2011 and was waiting for results to be called for the oral interview. However, when the list of selected candidates to be called for oral interview, was published, the name of the petitioner did not find place.

Aggrieved over the same, the petitioner has come up with this writ petition, to quash the same and consequently, direct the second respondent to prepare a fresh selection list in the ratio of 1:2 to the total number of posts notified and after following the reservation with regard to special categories, as laid down by the Supreme Court in Rajesh Kumar Daria v. Rajasthan Public Service Commission [(2007) 8 SCC 785] so as to enable the petitioner to be considered for selection to the posts in CSSE-I. 2.

Today, when the matter was taken up for consideration, the learned Additional Government Pleader for the first respondent, on instructions, submitted that subsequent to the filing of this writ petition, interview was conducted and the candidates were also selected for the posts in CSSE-I and therefore, nothing survives for further adjudication. 3.In view of the aforesaid submission made by the learned Additional Government Pleader for the first respondent, this Writ Petition stands dismissed as having become infructuous. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar sk To 1.The Secretary to Government, State of Tamil Nadu Personnel & Administrative Reforms Department, Secretariat, Chennai 600 009.

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

+1cc to Mr.N.Balamuralikrishnan, Advocate, S.R.No. 8558 W.P.No.28510 of 2012 KV(CO) GN(25/03/2021)