B.Maheswari v. The Tamil Nadu Public Service Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.23640 of 2025 and Writ Miscellaneous Petition Nos.26594, 26596 & 26597 of 2025 B.Maheswari ... Petitioner ..Vs..

1.The Tamil Nadu Public Service Commission, Rep. 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, Rep. by its Secretary, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records in connection with the impugned order passed by the 2nd respondent in Memorandum No.1068/APD-A1/2024 dated 10.06.2025 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.

1/4

For Petitioner :

Mr.J.Ranjithkumar For Respondents : Mr.P.J.Rishikesh, Standing Counsel for TNPSC

ORDER

The present wit petition has been filed with a prayer to quash the impugned Memorandum No.1068/APD-A1/2024 dated 10.06.2025 in Application No:1324001941 and Registration No:0601001032 issued by the 2nd respondent.

2. The only ground urged by the petitioner in the present writ petition is that on account of ill health of the petitioner, she was not in a position to make payment for written examination fee. However, the learned counsel would fairly submit that the petitioner has received a communication regarding examination fee but due to her ill health she was not in a position to make the payment.

3.Mr.P.J.Rishikesh, learned Standing Counsel takes notice on behalf of the respondents.

4.It is the settled principle of law that whenever Rules has been prescribed under Notification, while exercising power of its judicial review this Court cannot give any concession, which position has been settled by the 2/4

Hon'ble Supreme Court in the case of The State of Tamil Nadu, represented by its Secretary and Others vs. G.Hemalathaa and Others reported in AIRONLINE (2019) SC 969.

5.In such view of the matter, though this Court having sympathy to the petitioner, not in a position to help her, in view of the settled legal position. 6.Hence, the present writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are also stand closed. 01.07.2025 ssi Index : Yes Speaking Order : Yes /No To:

1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

2.The Secretary, Controller of Examinations, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 003. C. KUMARAPPAN, J.

3/4

ssi W.P.No.23640 of 2025 01.07.2025 4/4