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Madras High CourtWP/27064/2019closed

K.Sudhakar v. Tamilnadu Public Service Commission,

2019-09-13Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27064 of 2019 and W.M.P.No.26439 of 2019 K.Sudhakar ..Petitioner vs Tamil Nadu Public Service Commission Rep. by its Secretary Frazer Bridge Road VOC nagar, Partk Town Chennai-600 003.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to allow the petitioner (Registration No.020001029) to participate in the oral test in the shape of an interview for selection to the post of Draughtsman, Grade-III and consequently, select and appoint the petitioner in services based on merit in selection in pursuant to the Notification No.30/2018 dated 30.10.2018 with all consequential and other attendant benefits.

For Petitioner : Ms.K.Jenitha For Respondent : Mr.M.Devendran Standing Counsel for TNPSC

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondent to allow the petitioner to participate in the oral test in the shape of an interview for selection to the post of Draughtsman, Grade-III and consequently, select and appoint the petitioner in services based on merit in selection in pursuant to the Notification No.30/2018 dated 30.10.2018 with all consequential and other attendant benefits.

2.Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent. 3.The case of the petitioner is that 1st respondent issued a notification dated 30.02.2018 for appointment to the post of Draughtsman, Grade-III. One of the qualifications is a diploma in Civil Engineering and experience in Civil Engineering field for a period of not less than three years. The petitioner has six years experience of Civil Engineering in teaching. The petitioner submitted online application on 25.11.2018. The petitioner's application was accepted and was issued with hall ticket to appear for written examination on 03.02.2019. After successful in the written examination, he was called for certificate verification on 04.04.2019. The petitioner submitted all his original certificates.

Later, the respondent issued list-II for submission of certificate verification. On 05.09.2019, the respondent announced the lists of candidates selected to oral test to be held on 16.09.2019 and 17.09.2019. The petitioner's name was not found in the selection list. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that the petitioner is having six years experience in Civil Engineering in teaching in different colleges and also having field experience in Civil Engineering. Though the petitioner has succeeded in the written examination, however, he was not possessed field experience certificate in Civil Engineering, his name was not published in the selected list of candidates. Hence, this Court may issue a direction to the respondent to allow the petitioner to participate in the oral test for the post of Draughtsman, Grade-III, to select and appoint the petitioner in services based on merit in selection in pursuant to the Notification No.30/2018, dated 30.10.2018.

5. Per contra, the learned counsel for the respondent submitted that though the petitioner has acquired teaching qualification in Civil Engineering, however as per clause 6(B) of the Notification No.30/2018, dated 30.10.2018, which mandates experience in Civil Engineering Field for a period of not less than three years. Even in the online application submitted by the petitioner, it reveals that he is having teaching experience in Arunai College of Engineering as a lecturer and Assistant Professor and further having teaching experience in Gnanamani College of Technology as Assistant Professor. It clearly shows that the petitioner is having only teaching experience in Civil Engineering and he does not have any additional experience in the field of Civil Engineering, for which, he was not called for an interview.

6. Considering the above said facts and circumstances of the case, as per the Notification No.30/2018, dated 30.10.2018, the eligibility criteria is fixed that the person should possess additional experience for not less than three years in the field of Civil Engineering. Even in the online application submitted by the petitioner, he did not mention the real experience and he has mentioned only teaching experience in Civil Engineering. Under such circumstance, I am not inclined to grant the relief as sought for by the petitioner.

7. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kj To The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC nagar, Partk Town, Chennai-600 003.

+1cc to Mr.M.Devendran, Advocate, S.R.No.79480 W.P.No.27064 of 2019 and W.M.P.No.26439 of 2019 VGI(CO) CS/31/10/2019