B.Devaraj v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM
THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No.7076 of 2023 and W.M.P. Nos. 7153 and 7223 of 2023 B.Devaraj ... Petitioner Vs.
1.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
3.The Member, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
4.The Controller of Examinations, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned online list (Annexure) of candidates provisionally admitted to the Oral Test in the ratio 1:2/1:3 for the posts included in the Combined Engineering Services Examination dated 22.02.2023 of the 4th Respondent herein and quash the same and consequently, direct the 4th Respondent to include the register number of the Petitioner herein to the list of candidates provisionally admitted to the Oral Test.
For Petitioner :
Mr. C.Santhosh Kumar For Respondents :
Mr. R.Bharanidharan
ORDER
Heard Mr. C.Santhosh Kumar, Learned Counsel for the Petitioner and Mr. R.Bharanidharan, Learned Standing Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner in this Writ Petition is that he had made an online application for recruitment to the posts in Combined Engineering Services in the notification dated 22.02.2023 published by the Respondents, but his name has not been included in the list of candidates provisionally admitted to oral test in the ratio 1:2/1:3 based on the marks 2/5
obtained by the candidates in the written examination without assigning any reason for the same.
3.
In response, Learned Counsel for the Respondents have filed a memo dated 07.03.2023 in which the reasons for non-inclusion of the name of the Petitioner in that list has been explained as follows:- "2.
On instructions from the office of the 2nd Respondent it is stated that the Petitioner has applied under the quota for disabled person with one arm affected called as 'Locomotor and Cerebral Palsy'. However, in the certificate uploaded by the Petitioner it has been mentioned that the Petitioner suffers from 'Multiple disability' by which the Petitioner would not be entitled to apply for any of the posts falling under 'Combined Engineering Services' as the said disability has not been mentioned in the Notification issued by the 2nd Respondent dated 4.4.2022."
In view of the same, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he has any further grievance, to work out his remedies before the proper forum in the manner recognized by law.
In fine, the Writ Petition is dismissed with the aforesaid observations. 3/5
Consequently, the connected Miscellaneous Petitions are closed. No Costs. 07.03.2023 sp Index: Yes/No Note: Issue order copy by 28.07.2023.
To 1.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
3.The Member, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
4.The Controller of Examinations, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.
4/5
P.D.AUDIKESAVALU, J.
sp W.P. No. 7076 of 2023 07.03.2023 5/5