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Madras High CourtWP/33269/2016disposed of

R.S.Rajasekar, S/O.Rajeyan, v. The State Of Tamil Nadu

2016-09-22Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2016 CORAM :

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.33269 of 2016 R.S. Rajasekar ... Petitioner vs.

1. The State of Tamil Nadu rep. by its Secretary Personnel & Administrative Reforms Department Fort St. George Chennai - 600 009.

2. The Member Secretary Tamil Nadu Public Service Commission VOC Nagar, Frazer Bridge Road Park Town, Chennai - 3.

... Respondents PRAYER :

This Writ petition is filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to consider the representation dated 16.06.2016 seeking appointment to any posts included in Combined Civil Services Examination -II (Non-Interview posts) - (Group -II A Services) vide Notification No.1/2014 dated 06.02.2014 of the second respondent under BC (Ex-Servicemn/ DA Ortho & PSTM) category on merits and as per law and within a time to be specified by this Court.

For Petitioner : Mr.L. Chandrakumar For Respondents : Mr. C. Jagadish Spl. Govt. Pleader for R1 Mr. M. Loganathan for R2

ORDER

The petitioner has come up with the present writ petition seeking for a Mandamus, directing the respondents to consider his representation dated 16.06.2016, seeking appointment to any posts included in Combined Civil Services Examination -II (Non-Interview posts) - (Group -II A Services) vide Notification No.1/2014 dated 06.02.2014 of the second respondent under BC (Ex-Servicemn/ DA Ortho & PSTM) category on merits and as per law and within a time to be specified by this Court.

2. The petitioner is an Ex-serviceman/ Ortho and belongs to the Backward class. He is possessed with post graduation degree in History and falls under PSTM category (i.e. Tamil Medium). Pursuant to the notification No.1/2014 dated 06.02.2014 of the second respondent, calling for candidates to fill up more than 2269 posts included in Combined Civil Services Examination-II (Non-Interview posts) - Group II-A Services, the petitioner applied for the same. All the posts are noninterview posts and are to be filled up based on the marks obtained in the written examination. The petitioner was also permitted to take part in the written examination and the results came to be published on 29.06.2014. The petitioner secured 157.05 marks in the written examination and was placed in 47049 communal rank, 1237th rank under Differently Abled Category and 208th rank under Ex-serviceman/ Ortho. He was also called for the II and III phase of counseling on 18.08.2015 and 12.10.2015 respectively, for certificate verification.

Thereafter, there was no communication, pertaining to his selection and appointment.

3. It is the case of the petitioner that in the selection test published on 12.12.2014, about 300 candidates who secured lesser marks than the petitioner were selected and posting orders were also issued to them. Therefore, the petitioner made a representation on 11.02.2016 to the second respondent, seeking for issuance of posting orders. Since the same was not considered, he filed a Petition before this Court in W.P. No.9836 of 2016. On technical defect, the petitioner was permitted to withdraw the writ petition, with a liberty to file a fresh representation. Thereafter, the petitioner submitted a fresh representation on 16.06.2016 to the second respondent, but the same is yet to be considered. Therefore, the petitioner has filed the present writ petition for the above stated relief.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.

5. Considering the facts and circumstances of the case, the second respondent is directed to consider the representation of the petitioner dated 16.06.2016, seeking appointment to any posts included in Combined Civil Services Examination -II (NonInterview posts) - (Group -II A Services) vide Notification No.1/2014 dated 06.02.2014 of the second respondent under BC (Ex-Servicemn/ DA Ortho & PSTM) category and pass appropriate orders on merits and in accordance with law, within a period of six weeks.

6. The Writ Petition is disposed of, accordingly. No order as to costs.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar avr To

1. The Secretary Personnel & Administrative Reforms Department Fort St. George, Chennai - 600 009.

2. The Member Secretary Tamil Nadu Public Service Commission VOC Nagar, Frazer Bridge Road Park Town, Chennai - 3.

+1cc to Mr.M. Loganathan, Advocate, S.R.No.53885 +1cc to Mr.L. Chandrakumar, Advocate, S.R.No.54889 +1cc to the Government Pleader, S.R.No.54206 AK(CO) EU(05/10/2016) W.P.No.33269 of 2016