Saravanan, S/O.Dhasarathan v. The State Rep By Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.7119 of 2019 Saravanan ... Petitioner Vs.
1.The State Represented by Secretary to Government Secretariat, St. Fort George, Chennai - 600 009.
2.The Secretary, Tamil Nadu Public Service Commission TNPSC Road, V.O.C. Nagar, Part Town, Chennai - 600 003.
3.The Tamil Nadu Transport Department Represented by its Secretary, Secretariat, St. Fort George, Chennai - 600 009.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to permit the
petitioner herein (Saravanan - Application No.803001912) to write the Examination for the post of Motor Vehicle Inspector Grade-II - Tamil Nadu Transport subordinate Service (Code No.068) called for vide the Advertisement No.489, dated 14.02.2018, Notification No.3/2018 to be held on 10.06.2018 (Sunday) in the Fore Noon and After Noon for Paper-I & II. For Petitioner : Mr.P.S.Ganesh For R1 & R3 : Mr.R.P.Murugan Raja Government Advocate For R2 : Mr.R.Bharanidharan
ORDER
The Writ of Mandamus had been filed to direct the 2nd respondent to permit the petitioner herein (Saravanan - Application No.803001912) to write the Examination for the post of Motor Vehicle Inspector Grade-II - Tamil Nadu Transport subordinate Service (Code No.068) called for vide the Advertisement No.489, dated 14.02.2018, Notification No.3/2018 to be held on 10.06.2018 (Sunday) in the Fore Noon and After Noon for Paper-I & II.
2. The petitioner states that pursuant to the notification issued by the respondent Tamil Nadu Public Service Commission, he submitted his application to participate in the process of selection for appointment to the
post of Motor Vehicle Inspector Grade-II in Tamil Nadu Transport Subordinate Services. The petitioner submitted the relevant documents along with the application and it is contended that the Driving License was not enclosed. Despite the fact that the application was submitted in the prescribed format, the petitioner had not received the call letter for written examination. Thus, he approached this Court and pursuant to the interim order granted, the petitioner was permitted to write the examination. However, the results are not declared.
3. The learned counsel appearing on behalf of the second respondent/TNPSC made a submission that incomplete applications will not be entertained by the Commission. The applications are scrutinized through computers and also physically. Thus, there are large number of incomplete or unfilled applications, which all are rejected as per the rules in force. The information provided to the applicants through brochure also states that incomplete applications will not be entertained for further consideration and will be rejected summarily. When the condition was imposed on the applicants, any such application found incomplete or required documents are not enclosed, then all such applications are rejected by the Tamil Nadu
Public Service Commission. The Commission scrutinized thousands of applications and they will not be in a position to give any further opportunity for submission of any documents or to correct the mistakes or otherwise. Opportunities are provided through online mode and if it is not availed, then thereafter, the candidates cannot seek any further time for the purpose of submission of documents or otherwise.
4. In the present case, the 2nd respondent states that the petitioner had not submitted his Driving License along with the application, which is mandatory. The recruitment was to the post of Motor Vehicle Inspector Grade-II and the Driving License being the important document, which was not enclosed by the petitioner along with the application. Thus, the application itself was rejected.
5. Pursuant to the interim order granted by this Court, the petitioner was permitted to write the examination. The very relief sought for in the present writ petition is to direct the respondents to permit the petitioner to write the examination for the post of Motor Vehicle Inspector Grade-II and the process of selection was already concluded and the selected candidates
were appointed and now four years lapsed. Since the petitioner had not submitted the application as per the informations provided in the brochure, there is no reason to consider the case of the writ petitioner at this length of time.
6. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 21.11.2022 kak Index : Yes Speaking order:Yes To 1.The Secretary to Government The State Secretariat, St. Fort George, Chennai - 600 009.
2.The Secretary, Tamil Nadu Public Service Commission TNPSC Road, V.O.C. Nagar, Part Town, Chennai - 600 003.
3.The Secretary, The Tamil Nadu Transport Department
Secretariat, St. Fort George, Chennai - 600 009.
S.M.SUBRAMANIAM, J.
kak 21.11.2022