B.Maheswari v. The Tamil Nadu Public Service Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.19347 of 2025 and W.M.P. Nos.21596, 21598 and 21601 of 2025 B. Maheswari D/o. N. Balan ... Petitioner Vs.
1. The Tamil Nadu Public Service Commission, represented by its Secretary, TNPSC Road, V.O.C. Nagar, Park Town, Chennai-600 003.
2. The Controller of Examinations, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai-600 003.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records maintained by the respondents in connection with the impugned email communication sent by the respondents dated 21.05.2025 in Application No.1324001941 and Registration No.0601001032 and quash the same as illegal and direct the respondents to permit the petitioner to make payment of
main written examination fee and accept the same and allow the petitioner to write the main written examination scheduled to be held from 26.07.2025 to 30.07.2025 vide Advertisement No.695, Notification No.13 / 2024 dated 13.09.2024 to the post of Assistant Public Prosecutor Grade-II as notified by the 1st respondent.
For Petitioner : Mr. J. Ranjithkumar For Respondents : Mr. P. J. Rishikesh, Standing Counsel for the respondents [R1 & R2]
O R D E R
The Writ petition is filed praying to direct the respondents to permit the petitioner to make payment of main written examination fee and accept the same and allow the petitioner to write the main written examination scheduled to be held from 26.07.2025 to 30.07.2025 vide Advertisement No.695, Notification No.13 / 2024 dated 13.09.2024 to the post of Assistant Public Prosecutor Grade-II as notified by the 1st respondent and to quash the email communication sent by the respondents dated 21.05.2025 in Application No.1324001941 and Registration No.0601001032.
2. According to the petitioner, he appeared for the Preliminary examination for the post of Assistant Public Prosecutor Grade-II held on
22.02.2025 and he was selected for the main written examination. The petitioner received an email dated 25.04.2025 to pay the main written examination fee of Rs.200/- from 26.04.2025 to 30.04.2025 and further the time was extended from 07.05.2025 to 09.05.2025. As the petitioner was bedridden due to viral fever, he was unable to remit the fee. However, he promptly sent email representations on 18.05.2025, 19.05.2025 and 20.05.2025 and also on 22.05.2025. But the request of the petitioner was rejected stating that the request of the petitioner cannot be considered after the final date for paying the examination fee. Hence the petition.
3. The learned counsel appearing for the petitioner would submit that as per the Notification dated 13.09.2024, the petitioner applied for the post of Assistant Public Prosecutor, Grade-II and the petitioner appeared for preliminary examination held on 14.12.2024 and the said examination was cancelled. Thereafter, again by an Addendum No.13A/2024 dated 09.01.2025, re-examination was conducted on 22.02.2025 and the petitioner had appeared in that examination and got selected for the main written examination. Further he was directed to pay the main written examination fee from 26.04.2025 to 30.04.2025 vide email communication dated
25.04.2025 and the time was further extended from 07.05.2025 to 09.05.2025. As the petitioner was bedridden due to viral fever, he was unable to make payment within the time stipulated, however, he sent email communications on 18.05.2025, 19.05.2025, 20.05.2025 and also on 22.05.2025, whereas his request was rejected. The petitioner is a practising Advocate aspiring to join the judicial service and he has appeared for many Civil Judge and APP examinations. Because of his unfortunate situation, he could not make payment, which is neither wilful nor wanton. Considering the age of the petitioner and longstanding aspiration to serve in the judiciary, he prays to allow the present Writ petition.
4. The learned Standing Counsel appearing for the respondents, submits that representation submitted by the petitioner will be considered on its' own merits within a time fixed by this Court.
5. This Court heard both sides and perused the materials available on record.
6. Without going into the merits of the case, this Court is inclined to
direct the respondents to consider the representation of the petitioner in accordance with law.
7. With the above directions, the Writ petition is disposed of. Consequently, the connected miscellaneous petitions are closed. 28.05.2025 mjs Index : Yes / No Speaking order / Non-speaking order To
1. The Tamil Nadu Public Service Commission, represented by its Secretary, TNPSC Road, V.O.C. Nagar, Park Town, Chennai-600 003.
2. The Controller of Examinations, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai-600 003.
T.V.THAMILSELVI , J.
mjs W.P.No.19347 of 2025 28.05.2025