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Madras High CourtWP/6601/2020disposed of

B.Rajkumar v. The Tamil Nadu Public Service Commission

2020-09-17Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.6601 of 2020 and W.M.P.Nos.7822 & 7823 of 2020 B.Rajkumar ... Petitioner -VsThe Tamil Nadu Public Service Commission, Rep by its Secretary, V.O.C.Nagar, Park Town, Chennai 600 003.

... Respondent Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to permit the petitioner to attend the said counselling before 17.03.2020, which is the last scheduled date for the said counselling and further recruitment process in respect of the recruitment for the posts included in Combined Civil Services Examination-4 (Group - IV) as declared under Notification No.19/2019 dated 14.06.2019.

For Petitioner : Ms.Akshaya Ramadura For Respondent : Ms.R.Seethalakshmi for Mr.M.Devendran, Standing Counsel

O R D E R

This writ petition has been filed to issue a Writ of Mandamus, directing the respondent to permit the petitioner to attend the said counselling before 17.03.2020, which is the last scheduled date for the said counselling and further recruitment process in respect of the recruitment for the posts included in Combined Civil Services Examination-4 (Group - IV) as declared under Notification No.19/2019 dated 16.06.2019.

2. The brief facts related to this writ petition are stated hereunder:

(i) The petitioner has responded to the notification issued by the respondent Commission in the year 2019, inviting applications for recruitment to the Combined Civil Service Examination, Group - IV, through Online mode. The petitioner participated in the written examination on 01.09.2019 and the names of the successful candidates were published provisionally and they were admitted to the next stage of selection viz.,

Certificate Verification. The candidates were directed to upload all the required documents in support of their claim on 30.11.2019. In response to the direction, the petitioner also uploaded his certificates on 16.12.2019, as he was also admitted to the final stage of selection.

(ii) Thereafter, a further direction was issued on 12.02.2020, inviting the candidates for counselling to be held between 19.02.2020 and 17.03.2020. In that notification, the petitioner name was not found. On enquiry, the petitioner found that his qualification viz., B.Ed., in History was wrongly mentioned as Post Graduate Degree in the column provided in the application by a scribe, mistakenly. This was because the petitioner is a visually challenged person and have to take the help of a scribe to fill up the form. The petitioner therefore cannot be faulted with for the inadvertent error. Since his further participation in the selection is denied, the petitioner is before this Court seeking appropriate direction.

3. On consideration of the above factor, this Court has directed the Tamil Nadu Public Service Commission by an order dated 12.03.2020, to allow the petitioner to participate in the counselling on the date fixed for the said purpose.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that in pursuance of the direction of this Court as mentioned above, the petitioner was permitted to participate in the counselling on 13.03.2020 and was also provisionally selected for appointment as a Junior Assistant to the Principal District Judge, Ariyalur, subject to the outcome of the present proceedings.

5. On behalf of the petitioner, a memo has been filed to that effect. Accordingly, the learned counsel for the petitioner submitted that since the petitioner has been selected provisionally, the pendency of this writ petition may cause delay in issuing posting order and requested this Court to record the above said memo and close the writ petition.

6. In view of the above development, nothing survives for further consideration in this writ petition. Therefore, the present writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To The Secretary, The Tamil Nadu Public Service Commission, V.O.C.Nagar, Park Town, Chennai 600 003.

W.P.No.6601 of 2020 and W.M.P.Nos.7822 & 7823 of 2020 mr (co) rr ii (09/11/2020)