D.Mohan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.19608 of 2020 D.Mohan

...Petitioner

Vs 1 The Government of Tamil Nadu Rep by its secretary Personnel and Administrative Reforms Department Fort St.George Chennai -9 2 The TamilNadu Public service commission Rep by its secretary Frazer Bridge Road Chennai 600 003 3 The Controller of Examinations TamilNadu Public service commission Frazer bridge Road Chennai 600 003

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring the provisions of the Tamil Nadu Government Servant (Conditions of Service) Act, 2020, especially provisions under Section 20(8), 26(2) and 27 of the said Act, the instructions to candidates dated 15.07.2020 published by the 2nd respondent in its web site, dated nil as now stand published in the website of the 2nd respondent and the provisional selection list of candidates for admission the certificate verification for the post of Junior Scientific Officer in Forensic Sciences Department published by the 2nd respondent in the website dated 16.03.2020 as illegal, unconstitutional and void ab initio and consequently to direct the 2nd respondent to conduct the written examination afresh for the Chemistry Subject based on the question paper prepared based on the syllabus of PG Standard Chemistry with subject code 228 as notified by the 2nd respondent and to publish in the web site of the 2nd respondent,(i)the answer sheets/OMR sheets of all the

candidates and the tentative answer keys for the questions on the same day immediately after the completion of examination; (ii) the objections made by the candidates within the stipulated time against the correctness of the questions and answer keys; (iii)the report of the Expert committee who evaluated the objections containing reasons for accepting or rejecting the said objections;(iv)the final correct answer keys arrived at by the expert committee;(v)the result of the written examination for all the candidates who participated in the examination with their names and addresses and the marks scored by each of them within a short period as may be fixed by this Hon'ble Court; not to apply rule of communal reservation and reservation for women if the adequacy of reservation is achieved in the open competition itself or to operate the said reservations only to achieve the prescribed quota and not beyond the same and thereafter to re-publish the provisional selection list of candidates for certificate verification and to proceed further as stipulated in the notification to publish the final selection results containing the names of the candidates with their addresses, their marks, date of birth, community, communal turn etc.

Mr.N.Subramaniyan For Respondents :

Ms.R.J.Radhika, Government Advocate, For 1st respondent :

Mr.Karthick Rajan for R2.

ORDER

(made by the Hon'ble Chief Justice) Since it is submitted on behalf of the petitioner that the petitioner is not desirous of pursuing the matter, W.P.No.19608 of 2020 is dismissed as not pressed. W.M.P.No.24228 of 2020 is closed. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tar

To:

1 The Secretary Personnel and Administrative Reforms Department Fort St.George Chennai -9 2 The Secretary, TamilNadu Public service Commission Frazer Bridge Road Chennai 600 003 3 The Controller of Examinations TamilNadu Public service commission Frazer bridge Road Chennai 600 003 +1cc to M/s. Karthick Rajan, Advocate, S.R.No.23627 of 2021 +1cc to the Government Pleader, S.R.No.24036 of 2021 W.P.No.19608 of 2020 AK-I(CO) RN(11/05/2021)