M.E.Karthi v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.No.19962 of 2019 and WMP.No.19468 of 2019 M.E.Karthi ... Petitioner Vs The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-600003.
... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus or any other appropriate writ or order or direction, in the nature of Writ, directing the respondents to forthwith consider and appoint the petitioner in any one of the existing vacancy to the post of Forest Apprentice (Post Code No.1652) under PSTM category pursuant to the Notification No.12/2018 dated 04.07.2018. For Petitioner : Mr.L.Chandrakumar for Mr.H.Manojin For Respondent : Mr.M.Loganathan Standing Counsel for TNPSC
O R D E R
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents to forthwith consider and appoint the petitioner in any one of the existing vacancy to the post of Forest Apprentice (Post Code No.1652) under PSTM category pursuant to the Notification No.12/2018 dated 04.07.2018.
2. According to the petitioner, pursuant to the notification issued by the respondent / TNPSC, he applied for the post of Forest Apprentice. He appeared for the written examination and also physical test and he was awarded for final selection after certificate verification and oral interview.
3. The grievance of the petitioner is that he belongs to MBC category and studied through Tamil medium therefore, he is entitled for reservation under PSTM category for which 11 posts were earmarked. But, the petitioner was not called for certificate verification and oral interview. Therefore, he made representation to the respondent on 06.07.2019 and since no action is forthcoming, the petitioner is before this Court.
4. By order dated 16.07.2019, this Court having found that the petitioner has made out prima facie case for grant of interim order pending finalisation of Writ Petition, issued interim direction directing the respondent to permit the petitioner to participate in oral interview scheduled between 16.07.2019 and 18.07.2019 for the post of Forest Apprentice and kept the results in sealed cover until further orders.
5. Learned counsel for the petitioner would submit, pursuant to the above interim direction, the petitioner had participated in the oral interview and now awaiting for the results. Therefore, the learned counsel would implore this Court to publish the results, in so far as the petitioner is concerned.
6. Learned counsel for the petitioner would submit that if any such direction is given, the respondent would publish the result of the petitioner if already the final results were published.
7. Considering the facts and circumstances, pursuant to the direction of this Court, since the results of the petitioner has been kept in sealed cover, it would be appropriate to direct the respondent / TNPSC to declare the results of the petitioner. Accordingly, the respondent / TNPSC is directed to publish the results of the petitioner and intimate the same to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order, in case, the selection process is completed and final results of the selected candidates were already published.
8. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar bkn
To The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-600003.
+1cc to Mr.H.Manojin, Advocate, S.R.No. 86695 +1cc to Mr.M.Loganathan, Advocate, S.R.No. 86327 W.P.No.19962 of 2019 and WMP.No.19468 of 2019 GP(CO) GN(11/12/2019)