P.Ganapathy v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.6.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HONOURABLE MR.JUSTICE T.MATHIVANAN WRIT PETITION NO.16638 OF 2015 AND M.P.NO.1 OF 2015 P.Ganapathy ... Petitioner Vs 1.The Chairman, Tamil Nadu Public Service Commission, Chennai-3.

2.The Secretary, Tamil Nadu Public Service Commission, Chennai-3.

3.The Government of Tamil Nadu, rep.

by the Principal Secretary, Law Department, (Judicial Service Department), Fort.St.George, Chennai-9.

... Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to provide a fair chance to the petitioner for appointment to the post of Civil Judge in the Tamil Nadu State Judicial Service. For Petitioner : Mr.R.Margabandhu For Respondent-3 : Mr.P.Ravichandran, Additional Government Pleader ORDER OF THE COURT WAS MADE BY V.RAMASUBRAMANIAN,J The petitioner, who participated in the selection to the post of Civil Judge (Junior Division) in the year 2014-15, has come up with the above writ petition seeking the issue of a Writ of Mandamus to https://hcservices.ecourts.gov.in/hcservices/

direct the respondents to provide a fair chance to the petitioner in the matter of selection.

2. Heard Mr.R.Margabandhu, learned counsel for the petitioner. Mr.P. Ravichandran, learned Additional Government Pleader takes notice for the third respondent.

3. The petitioner belongs to Most Backward Class. He acquired 211 marks in the written examination and 38.25 marks in the viva voce. But, the cut off mark for the Most Backward Class (General) was 216. Since the petitioner did not come within the zone of consideration, he was not selected. Hence, he has come up with the above writ petition.

4. The main grievance of the petitioner is that among the candidates, who participated in the interview, he secured the second highest namely 38.25, while the first highest mark was 45.

5. But unfortunately, the selection is based upon a two tier system. As per the rules, it is based upon the combined performance in the written examination and the interview. There are no other grounds raised by the petitioner challenging the method of selection or questioning the correctness of the evaluation.

6. Accordingly, the writ petition is dismissed. No costs. Consequently, the above MP is also dismissed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Public Service Commission, Chennai-3. 2.The Secretary, Tamil Nadu Public Service Commission, Chennai-3. 3.The Principal Secretary to the Government of Tamil Nadu, Law Department, (Judicial Service Department), Fort.St.George, Chennai-9.

+1cc to Mr.R.Margabandhu, Advocate, S.R.No.29062 +1cc to the Government Pleader, S.R.No.29387 W.P.No.16638 of 2015 and M.P.No.1 of 2015 TEJ(CO) CA(25/06/2015) https://hcservices.ecourts.gov.in/hcservices/