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Madras High CourtWP/11739/2022disposed of

R.Poovalingam v. The Government Of Tamil Nadu

2024-01-19Honourable Mr Justice G.K. Ilanthiraiyan12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.11739, 11924, 11954, 11988, 11989, 11990, 11999, 12047, 12085, 12088, 12148, 12157, 12179, 12359 and 12360 of 2022 and W.M.P.Nos.11200, 11201, 11202, 11376, 11377, 11407, 11408, 11409,11410, 11424, 11470, 11471, 11520, 11524, 11586, 11589, 11604, 11631, 11799 and 11811 of 2022 W.P.No.11739 of 2022:- R.Poovalingam

...Petitioner

-Vs1. The Government of Tamil Nadu, represented by its Secretary, Home Department, Secretariat, Fort St.George, Chennai-600 009.

2. Tamil Nadu Public Service Commission, represented by its Secretary, Frazer Bridge Road, Park Town, V.O.C.Nagar, Chennai-600 003.

... Respondents Prayer in W.P.No.11739 of 2022: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, call for records and quash the impugned Rejection order dated 28.04.2022 which was uploaded in the website of the second Respondent and direct the second respondent to issue hall ticket to the petitioner and to permit the petitioner to appear for the main exams in other than PSTM category to be held on 07.05.2022 and 08.05.2022.

In W.P.No.11739 of 2022 For Petitioner : Mr.N.A.Srinivasan For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Baranidharan Standing Counsel In W.P.No.11924 of 2022 For Petitioner : Mr.D.Venkatachalam For Respondents : Mr.R.Baranidharan Standing Counsel In W.P.No.11954 of 2022 For Petitioner : Mr.K.Sasidran For Respondents : Mr.R.Baranidharan Standing Counsel In W.P.No.11988 of 2022 For Petitioner : Mr.B.Manimaran For Respondents : Mr.R.Baranidharan Standing Counsel In W.P.No.11989 of 2022 For Petitioner : Mr.N.Stalin For Respondents : Mr.R.Baranidharan Standing Counsel In W.P.No.11990 of 2022 For Petitioner : Mr.R.Prabakar For Respondents : Mr.R.Baranidharan Standing Counsel

In W.P.No.11999 of 2022 For Petitioner : M/s D.Kalaivani For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Baranidharan Standing Counsel In W.P.No.12047 of 2022 For Petitioner : Mr.S.Gowsik Sundar For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Baranidharan Standing Counsel In W.P.No.12085 of 2022 For Petitioner : M/s D.Kalaivani For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Baranidharan Standing Counsel In W.P.No.12088 of 2022 For Petitioner : M/s D.Kalaivani For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Baranidharan Standing Counsel In W.P.No.12148 of 2022 For Petitioner : Mr.K.Chandru For Respondents : Mr.R.Baranidharan Standing Counsel

In W.P.No.12157 of 2022 For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.R.Baranidharan Standing Counsel In W.P.No.12179 of 2022 For Petitioner : Mr.V.Ramamurthy For Respondents : Mr.R.Baranidharan Standing Counsel In W.P.No.12359 of 2022 For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.R.Baranidharan Standing Counsel In W.P.No.12360 of 2022 For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.R.Baranidharan Standing Counsel COMMON

ORDER

The W.P.No.11739 of 2022 has been filed calling for records and quash the impugned Rejection order dated 28.04.2022 which was uploaded in the website of the second Respondent and direct the second respondent to issue hall ticket to the petitioner and to permit the petitioner to appear for the main exams in other than PSTM category to be held on 07.05.2022 and 08.05.2022.

2. The W.P.No.11924 of 2022 has been filed for direction directing the respondents to issue the hall ticket to the Petitioner to appear in the main examination which is scheduled to be held on 07.05.2022 and 08.05.2022.

3. The W.P.No.11954 of 2022 has been filed calling for the records pertaining to the impugned rejection order dated 30.04.2022 passed by the second respondent and quash the same and consequently directing the respondents to permit the petitioner to participate in the Main Examinations Scheduled on 07.05.2022 and 08.05.2022 for the post of Assistant Public Prosecutor Grade II by issuing hall ticket to the petitioner.

4. The W.P.No.11988 of 2022 has been filed directing the respondents to permit the petitioner to write Main Written Examination to the Post of Assistant Public Prosecutor Grade II in prosecution Department (Tamilnadu General Service) to be held on 07.05.2022 and 08.05.2022 in any one of the Chennai Centre and consequently direct the respondents to consider the Petitioners representation dated 30.04.2022.

5. The W.P.No.11989 of 2022 has been filed for direction directing the first and second respondents to permit the petitioner to write APP Main Examination on 6th and 7th May 2022 in the General reservation category instead of PSDM reservation category.

6. The W.P.No.11990 of 2022 has been filed calling for the records relating to the impugned order dated 28.04.2022 made by the respondents rejecting the petitioner application for the post of Assistant Pubic Prosecutor and quash the same as arbitrary and illegal.

7. The W.P.No.11999 of 2022 has been filed for direction directing the second respondent to issue Hall Ticket to the Petitioner and permit the petitioner to appear in the Mains examination to be held on 07.05.2022 and 08.05.2022.

8. The W.P.No.12047 of 2022 has been filed calling for records and quash the impugned rejection order dated 28.04.2022 which was uploaded in the website of the second respondent and direct the second respondent to issue hall ticket to the petitioner and to permit the petitioner to appear for the main

exams in other than PSTM category to be held on 07.05.2022 and 08.05.2022.

9. The W.P.No.12085 of 2022 has been filed for direction directing the second respondent to consider the representation dated 01.05.2022 and direct the second respondent to issue Hall Ticket to the petitioner and permit the petitioner to appear in the Mains Examination to be held on 07.05.2022 and 08.05.2022.

10. The W.P.No.12088 of 2022 has been filed for direction directing the second Respondent to issue Hall Ticket to the Petitioner and permit the Petitioner to appear in the Mains examination to be held on 07.05.2022 and 08.05.2022.

11. The W.P.No.12148 of 2022 has been filed calling for the records and to quash the impugned order passed by the first respondent through his website dated 02.05.2022 at 10.25 PM in respective of the Petitioner Application Id No. 2110001615 (Registration No.2501001266), directing the first respondent to accept my Application Id No.2110001615 (Registration No.2501001266) to enable the Petitioner to participate in the Main Written Examination will be

held on 06.05.2022 FN and AN and 07.05.2022 FN and AN.

12. The W.P.No.12157 of 2022 has been filed calling for the records pertaining to the rejection order of the Respondents dated-Nil and quash the same and consequently direct the Respondents to issue Hall Ticket to the Petitioner to attend the main Written examination for appointment by direct recruitment to the post of Assistant Public Prosecutor Grade-II in Prosecution Department in Tamil Nadu General Service to be held on 07.05.2022 and 08.05.2022.

13. The W.P.No.12179 of 2022 has been filed calling for the entire records maintained by the respondents with regard to the Rejection order with respect to Application No.2110005187 of the petitioner for the post of Assistant Public Prosecutor Grade II in Prosecution Department in the Tamil Nadu General service and quash the same and consequently, directing the Respondents Commission to issue a Hall Ticket to the petitioner by enabling him to appear for the Main Examination for the post of Assistant Public Prosecutor Grade II in the Prosecution Department in the Tamil Nadu General Service to be held on 07.05.2022 Saturday and 08.05.2022 Sunday.

14. The W.P.No.12359 of 2022 has been filed calling for the records pertaining to the rejection order passed by the respondent rejecting the application of the petitioner from appearing for the main examination to be held on 07.05.2022 and 08.05.2022 for the post of Assistant Public Prosecutor Grade II and quash the same and consequently direct the respondent to allow the petitioner to participate in the further selection process pursuant to the Notification No.10/2021 issued by the respondent dated 25.08.2021 for recruitment to the post of Assistant Public Prosecutor Grade II in Prosecution Department.

15. The W.P.No.12360 of 2022 has been filed calling for the records pertaining to the rejection order passed by the respondent rejecting the application of the petitioner from appearing for the main examination to be held on 07.05.2022 and 08.05.2022 for the post of Assistant Public Prosecutor Grade-II and quash the same and consequently, directing the respondent to allow the petitioner to participate in the further selection process pursuant to the Notification No.10/2021 issued by the respondent dated 25.08.2021 for recruitment to the post of Assistant Public Prosecutor Grade-II in Prosecution

Department.

16. Heard the learned counsel on either side and perused the materials available on records.

17. In all the writ petitions, this Court by an order dated 05.12.2022 passed an interim order directing the Tamil Nadu Public Service Commission to publish the written examination results for the petitioners, within a period of one week from the date of receipt of a copy of the order and the declaration of the results is subject to the result of these writ petitions and the petitioners cannot plead equity at the time of final disposal of these writ petitions.

18. Aggrieved by the interim order passed by this Court, the Tamil Nadu Public Service Commission filed writ appeals and the same were dismissed. Pursuant to the direction issued by this Court, the petitioners had participated in the written examination and the results are yet to be published. It is not yet been published due to the pendency of these writ petitions.

19. Considering the above facts and circumstances of the case, the Tamil Nadu Public Service Commission, Chennai is directed to publish the results of the petitioners, within a period of one week from the date of receipt of a copy of this order. If the petitioners are qualified in the written examination, the Tamil Nadu Public Service Commission, Chennai is directed to call the petitioners for interview and proceed with other selection process in accordance with law. The said selection process shall be completed, within a period of six weeks from the date of publishing of the results of the written examination.

20. With the above directions, these writ petitions are disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

19.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Secretary, The Government of Tamil Nadu, Home Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, V.O.C.Nagar, Chennai-600 003.

W.P.Nos.11739, 11924, 11954, 11988, 11989, 11990, 11999, 12047, 12085, 12088, 12148, 12157, 12179, 12359 and 12360 of 2022 19.01.2024