G.Sharmila v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.18210 of 2020 G.Sharmila ... Petitioner Vs.

The Secretary, Tamil Nadu Public Service Commission, Chennai. ... Respondent Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to permit the petitioner for original certificate verification process conducted by the respondent in the post of Assistant Tourist Officer Grade-II included in Tamil Nadu General Suburbanite Service 2018-2019.

For Petitioner : Mr.A.Veeramani For Respondent : M/s.G.Hema, Standing Counsel

O R D E R

The relief sought by the petitioner in this writ petition is to direct the Page No.1 of 9

respondent to permit the petitioner for original certificate verification process conducted by the respondent in the post of Assistant Tourist Officer Grade-II included in Tamil Nadu General Suburbanite Service 2018-2019.

2. The case of the petitioner is that the petitioner viz., G.Sharmila has completed her under graduation in B.A. (Tourism and Travel Management) and Master Degree in M.B.A. (Tourism and Management), Diploma in International Airlines and Travel Management and Jon Training at Tamil Nadu Tourism Development Corporation Ltd., and Air India Trainee at Airport Cargo respectively. This being so, the petitioner has applied for the post of Assistant Tourist Officer Grade-II, notified by the Tamil Nadu Public Service Commission vide notification No.22/2019 dated 22.07.2019. Thereafter, the petitioner has cleared her written examination and she was provisionally selected for certificate verification. Further, she was directed to upload all her certificates regarding to the aforesaid post in the official website from 26.10.2020 to 05.11.2020.

2.2. However, after clearing her written examination, the petitioner's father viz., Gangatharan died on 14.08.2020 and her mother namely Prema Page No.2 of 9

was also sustained fracture on her right-side shoulder on 03.10.2020. During that course of time i.e., on 09.11.2020, the petitioner has come to know that phase-II certificate verification was completed. When she cross checked her E-mail, it was found that the respondent has sent an intimation mail about the certificate verification and due to the sudden death of her father and the injury sustained by her, she could not check the E-mail properly. Hence, she made a representation dated 18.11.2020 to the respondent, requesting to consider her name for the certificate verification. Since the representation being made, no action was taken. Aggrieved over the same, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner submitted that due to the demise of her father on 14.08.2020 and her injured mother on 03.10.2020, the petitioner could not able to upload the certificates in the official website of Tamil Nadu Public Service Commission. Hence, he prayed for allowing this writ petition.

4. Learned standing counsel appearing for the respondent submitted that the Commission had invited application from eligible candidates to the Page No.3 of 9

post of Assistant Tourist Officer Grade-I in Tamil Nadu General Subordinate Service. The details of the said recruitment as follows:- Notification No. & date 22/2019, dt.22.07.2019 Last date of submission of online application 20.08.2019 Date of Examination 29.09.2019 No. of vacancies Total No. of candidates applied for exam Total No. of candidates admitted for exam Date of publication of List of provisionally admitted candidates for uploading the documents 16.10.2020

5. Learned standing counsel appearing for the respondent further submitted that the candidate selected for onscreen certificate verification had been informed to upload their scanned copy of certificates from 26.10.2020 to 05.11.2020 vide the following mode:

1) Press Release given to television and news paper

2) Commission's Intimation Memo hosted in Commission website

3) E-mail to the Registered E-mail ID of the candidate

4) And by way of SMS to the Registered Mobile Numbers of the Page No.4 of 9

candidates.

6. Learned standing counsel appearing for the respondent contended that 230 candidates have been selected for onscreen certificate verification and directed to upload their certificates through e-seva centres from 26.10.2020 to 05.11.2020 but 144 candidates have been upload their documents through e-seva centres and the remaining 86 candidates have not been uploaded their documents within the stipulated period. Moreover, the application of the candidates, who did not upload their certificates within the stipulated time, inspite of the intimation sent to them are not accepted for onscreen Certificate verification any further. In the present case on hand, the petitioner has not uploaded the certificate within the stipulated time. Hence, her request was not accepted by the respondent. Therefore, she prayed this Court for dismissal of this writ petition.

7. Heard the learned counsel on either side and perused the materials available on record.

8. In the present case on hand, the respondent has issued notification Page No.5 of 9

for the post of Assistant Tourist Officer Grade-I vide Notification No.22/2019 dated 22.07.2019 and fixed the last date for submitting online application as 20.08.2019. According to the notification, the total number of vacancies for the aforesaid post is 43 and for the same, 633 candidates have applied. Subsequent to the completion of written examination, the candidates who have been selected for onscreen certificate verification are directed to upload their certificates in the official website from 26.10.2020 to 05.11.2020. Thus, 144 candidates have uploaded their certificates through e-seva centres and 86 candidates have not uploaded, in which petitioner is one among them.

The reason given by the petitioner is that due to the demise of her father and sudden injury sustained by her mother, she could not upload the certificate in the official website of Tamil Nadu Public Service Commission. This apart, the petitioner's contention is that she has not received any sms or e-mail sent by the respondent regarding intimation about the onscreen certificate verification is contrary to her averments in paragraph 7 of the affidavit filed in support of the writ petition.

9. In this case, the reason given by the petitioner for not uploading the certificates in the official website is unsustainable because, the time Page No.6 of 9

given by the Tamil Nadu Public Service Commission for uploading the certificate is from 26.10.2020 to 05.11.2020, which is 2 1⁄2 months after the demise of her father i.e., on 14.08.2020 and 23 days after the injuries sustained by her mother i.e., on 03.10.2020. Moreover, the respondent has intimated about the onscreen certificate verification through four modes viz., Press release given to television and newspaper, Commission's intimation Memo hosted in commission website, e-mail to the registered e-mail ID of the candidate, SMS to the registered mobile numbers of the candidates. In this case, an E-mail was sent to the petitioner, intimating about the onscreen certificate verification, however, the petitioner has failed to verify the same.

10. In view of the above forgoing reasons, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition stands dismissed. No costs.

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Yes/No Speaking Order :

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To:

The Secretary, Tamil Nadu Public Service Commission, Chennai.

J.SATHYA NARAYANA PRASAD,J.

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