Madras High CourtWP/34097/2012dismissed

E.Vijayaraj v. The Secretary

2023-09-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and M.P.Nos.1 and 2 of 2012 E.Vijayaraj ... Petitioner -VsThe Secretary, Tamilnadu Public Service Commission, Fazer Bridge Road, V.O.C.Nagar, Chennai - 600 003.

... Respondent Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to consider the claim of the petitioner of his representation 19.11.2012 and pass necessary orders of appointment to the post of Computer cum Vaccine Store Keeper.

For Petitioner : Mr.R.Dhineshkumar For Respondent : Mr.R.Bharanidaran Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondent to consider for the post of Computer cum Vaccine Store Keeper.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

3. The petitioner is a graduate in Maths with B.Ed. Qualification as per the notification issued by the respondent for the post of Computer cum Vaccine Store Keeper by direct recruitment. The petitioner had applied and attended the written examination. However, the petitioner was not selected and he was issued notice to produce the certificate to show that he had studied Statistics as a special subject. Aggrieved by the same, the petitioner filed a writ petition in W.P.No.17558 of 2009. This Court by an order dated 27.10.2009 directed the respondent to treat the petitioner as having educational qualification stipulated in the advertisement and process his application for the post which was advertised.

4. Aggrieved by the same, the respondent filed an appeal in Writ Appeal No.476 of 2010 and the same was allowed. During the pendency of appeal, the petitioner had studied Statistics as a special subject in the

year 2011. Therefore, now, he sought for appointment to the said post.

5. Admittedly, at the time of notification, the petitioner had not studied the subject of Statistics as a special subject and as such, his candidature was rightly rejected and this Court finds no merits to consider the writ petition.

6. Accordingly, this Writ petition is dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 08.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn/nsl

G.K.ILANTHIRAIYAN, J.

mn To The Secretary, Tamilnadu Public Service Commission, Fazer Bridge Road, V.O.C.Nagar, Chennai - 600 003.

08.09.2023