C.Dineshkumar v. Tamil Nadu Public Service Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.22806 of 2023 and W.M.P.Nos.22264 & 22265 of 2023 C.Dineshkumar ... Petitioner
Versus
1.Tamil Nadu Public Service Commission, Rep. by its Secretary, TNPSC Road, Park Town, Chennai - 600043.
2.Tamil Nadu Public Service Commission, Rep. by its Controller of Examination, TNPSC Road, Park Town, Chennai - 600043.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus or any other appropriate writ or direction in the nature of writ by calling for records of the 1st respondent in his impugned proceedings No.Nil in Revised Instructions dated 22.03.2022 in so far as the instructions contained in Clause (vi) of 14-R dealing with Persons Studied in Tamil Medium Category and quash the same as it runs contrary to G.O.(Ms)No.82 (Human Resource Development (S) Department) dated 16.08.2021 and consequently direct the respondents to permit the petitioner to appear for the main examination under the BC PSTM category to be held on 10.08.2023 onwards. For Petitioner :
Mr.N.Balamuralikrishnan For Respondents :
Ms.G.Hema, Standing Counsel Page No.1 of 4
ORDER
This Writ Petition has been filed to call for records of the 1st respondent in his impugned proceedings No.Nil in Revised Instructions, dated 22.03.2022 in so far as the instructions contained in Clause (vi) of 14R dealing with Persons Studied in Tamil Medium Category and quash the same as it runs contrary to G.O.(Ms)No.82 (Human Resource Development (S) Department), dated 16.08.2021 and consequently direct the respondents to permit the petitioner to appear for the main examination under the BC PSTM category to be held on 10.08.2023 onwards. 2.
The grievance of the Writ Petitioner is that he has completed 1st std to 9th in Tamil medium school and done 10th std in a private institution, however, revised instructions has been issued by the respondents indicating that if any person studied in private institution, his application will not be accepted and will result in the rejection of candidature after due process. Further, the petitioner was informed by his friends that his candidature is likely to be rejected as he has completed 10th std privately. Therefore, the revised instructions is sought to be quashed. 3.The learned Standing Counsel appearing for the respondents on Page No.
instructions submitted that the petitioner was issued with the hall ticket for Main Written Examination, which is not disputed by the learned counsel for the petitioner. When the petitioner is already issued with the hall ticket, this stage is premature to challenge the revised instructions issued by the respondents. She further submitted that only on the qualifying marks, the petitioner's candidature will be considered, which is a settled position. 4.It is to be noted that the petitioner has been issued with hall ticket for Main Written Examination which is scheduled to be held from 10.08.2023 to 13.08.2023, hence, there is no bar for the petitioner to appear in the main examination. Added to it, it is premature to challenge the revised instructions at this stage.
5.Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 03.08.2023 Internet: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.3 of 4
N.SATHISH KUMAR , J.
vv2 To 1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600043.
2.The Controller of Examination, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600043.
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