M.Dhivya v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.20697 of 2023 M.Dhivya ... Petitioner Vs.

The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent herein to call the petitioner (Register No.3104024174) for Physical Certificate Verification-cum-Counseling for the posts in Combined Civil Service Examination-IV (Group-IV Service) under the special category of Destitute Widow in both General Turn and Communal category Backward Class.

For Petitioner : Mr.R.Bharathkumar For Respondent : Mrs.G.Hema

O R D E R

This writ petition has been filed to direct the respondent herein to call the petitioner (Register No.3104024174) for Physical Certificate Verification-cum-Counseling for the posts in Combined Civil Service Examination-IV (Group-IV Service) under the special category of Destitute Widow in both General Turn and Communal category Backward Class.

2.It is the case of the petitioner that, at the time of issuing Destitute Widow Certificate to the petitioner, the Executive Magistrate has committed a mistake by entering Rs.24,000/- as "Monthly Income" instead of showing it as "Annual Income". Though the petitioner had originally submitted her Income Certificate showing her Annual Income as Rs.24,000/-, while issuing the Destitute Widow Certificate, the SubDivisional Executive Magistrate and Revenue Divisional Officer, Hosur, has shown the "Annual Income" as "Monthly Income" and the said Certificate has been uploaded by the petitioner in the website of TNPSC at the time of applying for the examination. It is the further case of the petitioner that, now, the said mistake has been rectified and the corrected Destitute Widow Certificate has been issued on 17.07.2023.

3.This Court, on perusal of the Income Certificate and the Destitute Widow Certificate, found that the income has been wrongly entered as "Monthly Income" instead of "Annual Income", by the officials, while issuing the Destitute Widow Certificate, despite the Income Certificate showing correct details, being submitted by the petitioner. Hence, this Court, by an interim order dated 26.07.2023, allowed the petitioner to participate in the Certificate Verification process, however, subject to the orders of this Court. 4.Today, when the matter is taken up for hearing, it is brought to the notice of this Court that the petitioner has been provisionally selected and a communication has also been issued in this regard. It is also stated that the similarly situated persons have also been issued with appointment orders. In such view of the matter, the respondent is directed to forward the selection order to the concerned Appointing Authority for issuance of appointment orders to the petitioner.

5.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 6.It is made clear that this order will not be a precedent, inasmuch as in the present case, the mistake is solely on the part of the officials in issuing the Destitute Widow Certificate. 23.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

N. SATHISH KUMAR, J.

mkn 23.08.2023