The Secretary v. T.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN W.A.Nos.1480 to 1482 of 2009 and M.P.Nos.1 of 2009 1.The Secretary, Tamil Nadu Public Service Commission, Omanthoorar Government Estate, Anna Salai, Chennai-600 002.

2.The Information Officer, Tamil Nadu Public Service Commission, Omanthoorar Government Estate, Anna Salai, Chennai-600 002.

.. Appellants in all appeals Vs.

T.Balaji .. Respondent No.1 in W.A.1480/2009 A.Anbuchezhian .. Respondent No.1 in W.A.1481/2009 P.Thirumalaicheran .. Respondent No.1 in W.A.1482/2009 The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

.. Respondent No.2 in all appeals Appeals filed under Clause 15 of Letters Patent against the common order dated 02.09.2009 made in W.P.Nos.13132 to 13134 of 2009 on the file of this Court.

Writ Petitions praying to issue a writ of mandamus forbearing the respondents 1 and 3 from proceeding further with selection process by in any manner selecting appointing the candidates called for oral interview pursuant to the written examination held on 29.7.2007 without providing the particulars sought by the petitioner in the petition dt 10.7.2009 under the Right to Information Act regarding the copy of the OMR answer sheet and the Mark Statement of

the petitioner marks secured by all candidates selected for the Oral Interview in the written examination held on 29.7.2007 for the post of Motor Vehicle Inspector Grade II in the Tamilnadu Transport Subordinate Service for the year 2001-2006.

For Appellants .. Mr.M.Devendran For Respondents .. M/s.Fast Track Law Associates for R1 in W.A.No.1480/2009 Mr.STS.Murthi Government Pleader assisted by Mr.V.Shanmugasundar Govt. Advocate for R2 in all appeals * * * * * COMMON JUDGMENT (Judgment of the Court was made by The Hon'ble Chief Justice) The learned counsel for the appellants states that on re-visiting the issue, the appellants are willing to provide the information in respect of 7 out of 8 matters, for which the information was sought except item No.7. In so far as item No.7 is concerned, it reads as under:- "What are the measures adopted to ensure fairness while selection of candidates stated under Reference (ii)?"

2. Naturally, there is no specific answer which can be given to such a question, nor can the appellants be called upon to disclose any preventive measures already taken in this behalf.

3. We, thus, close the appeal proceedings recording the aforesaid statement of the learned counsel for the appellants.

4. The appeals are, accordingly, stand disposed of. No costs. Consequently, M.P.Nos.1 of 2009 are closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1.The Secretary, Tamil Nadu Public Service Commission, Omanthoorar Government Estate, Anna Salai, Chennai-600 002.

2.The Information Officer, Tamil Nadu Public Service Commission, Omanthoorar Government Estate, Anna Salai, Chennai-600 002.

3.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

+1 cc to Dr.M.Devendran, advocate,sr.42727 +1 cc to Govt.Pleader,sr.42634 mg(co) krd 16/8 W.A.Nos.1480 to 1482 of 2009