A.Thaiba Banu v. The Chariman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.8124 of 2020 and W.M.P.No.9649 of 2020 Thaiba Banu.A ... Petitioner Vs.
1.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
3.The Under Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to consider the representation dated 17.03.2020 and provide appointment order viz., A.THAIBA BANU vide Regn.No.0104002014/Rank No.133 as Junior Assistant, in combined Civil Services Examination-IV (Group-IV) for the Page No.1 of 7
year 2018-2019 and 2019-2020.
For Petitioner :
Mr.S.Kingston Jerold For Respondents :
Mr.R.Bharanidharan, Standing Counsel
O R D E R
The petitioner has filed this petition seeking direction to the second respondent to consider the representation dated 17.03.2020 and provide appointment order viz., A.THAIBA BANU vide Regn.No.0104002014/Rank No.133 as Junior Assistant, in combined Civil Services Examination-IV (Group-IV) for the year 2018-2019 and 2019-2020.
2. The case of the petitioner is that the petitioner has applied for Group-IV examination conducted by the Tamil Nadu Public Service Commission under the destitute widow category. Subsequently, the petitioner secured 241.5 marks in the written examination and ranked as No.133 and in the widow category, she was listed as No.11. Apart from that she has also eligible to be get selected in general category that she has scored good marks and ranked as No.133. This being so, the petitioner has got married to one R.Haseem Basha as second marriage and at that point of time, Page No.2 of 7
she has requested the respondents, whether she has entitled to avail the appointment under destitute widow category and the respondents informed that she was not eligible to get appointment under the said category. Hence, she has not submitted the widow certificate during the certificate verification and claimed under the communal quota. However, she was not considered under the widow category as well as under the communal reservation quota. Hence, she made a representation dated 17.03.2020 to the respondents, requesting them to appoint her as a junior assistant in Group-IV examination for the year 2018-2019 and 2019-2020. Since the representation being made, no action was taken. Hence, the petitioner has come forward with the present writ petition.
3. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representation dated 17.03.2020 and pass orders on merits within a particular time frame to be fixed by this Court.
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4. The learned standing counsel appearing for the respondents has no objection for said order being passed.
5. Heard the learned counsel on either side and perused the materials placed on record.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 17.03.2020 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above observation and direction, this writ petition is disposed of. No costs.
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Yes/No Speaking Order :
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To:
1.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
3.The Under Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Chennai - 600 003.
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J.SATHYA NARAYANA PRASAD,J.
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