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Madras High CourtWP/13909/2020disposed of

K.Usha v. The Chairman

2020-10-14Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2020

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.13909 of 2020 and W.M.P.No.17288 of 2020 K. Usha ... Petitioner

Versus

1. The Chairman, Tamil Nadu Public Service Commission, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

2. The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 10.03.2020, sent by the petitioner and pass suitable orders in accordance with law within a stipulated period by allowing her to participate in certificate verification and grant such other suitable orders.

For Petitioner : Mr.C.Umashankar For Respondents : Mr.N.Balamuralikrishnan

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 10.03.2020 and pass suitable orders.

2. The case of the petitioner is that she responded to the notification issued by the respondent Commission inviting applications for appointment to Group - IV services for the year 2019-20. The notification was published on 14.06.2019. According to the petitioner, in the written examination conducted by the

Commission, she had secured 244.5 marks in total. The petitioner belongs to the Backward Community (BC) and she is a graduate in B.Sc (Science).

3. According to the petitioner, she had applied for the post of Typist. She had also studied both S.S.L.C. and H.S.C in Tamil Medium and had secured over all rank as 1499 and communal rank as 728. After the written examination, she was directed to upload her certificates as required, on 03.02.2019. As per the direction, she had also uploaded the certificates on 11.12.2019.

4. While so, the petitioner did not find her name in the list published by the Commission, directing the candidates to attend the counseling, which was the last stage of selection process. On enquiry, the petitioner came to know that the petitioner became ineligible for the further stage of selection. According to her, non inclusion of her name in the published list calling for the counseling, was not disclosed to her at all and she had given a representation on 10.03.2020, in that regard. As no reply was forthcoming, she is before this Court.

5. After notice, Mr.N.Balamuralikrishnan, learned counsel, entered appearance for the respondents.

6. Today, when the matter is taken up for hearing, the learned counsel appearing for the respondent Commission would submit that the respondents may be directed to dispose of the representation submitted by the petitioner, as the prayer itself is only for such a direction. As far as the counseling process is concerned, the learned counsel would submit that it is likely to take place in the month of November 2020.

7. Considering the scope of the prayer, the writ petition is disposed of as the petitioner could atleast know as to why her name was not included in the final list of selected candidates called for counseling.

8. The respondent Commission is directed to consider and pass appropriate orders on the representation submitted by the petitioner on 10.03.2020, informing her as to why she could not be included in the list of candidates called for counseling exercise. The representation is directed to be disposed of within a period of two weeks from the date of receipt of a copy of this order and the order shall be communicated to the petitioner forthwith.

9. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous

petition is closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar gsk/mp To

1. The Chairman, Tamil Nadu Public Service Commission, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

2. The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

+1cc to M/s.C.UmaShankar, Advocate, Sr.No.34164 W.P.No.13909 of 2020 and WMP.No.17288 of 2020 AJS(CO) GS(23/10/2020)