D.Mohan, v. The Tamil Nadu Publi Service Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.10.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28716 of 2019 and W.M.P.Nos.28472 & 28474 of 2019 D.Mohan ..Petitioner vs 1.The Tamil Nadu Public Service Commission Rep. by its Secretary Frazer Bridge Road, Chennai-600 003.
2.The Controller of Examinations Tamil Nadu Public Service Commission Frazer Bridge Road, Chennai-600 003.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining the impugned question paper supplied to the petitioner during the written examination held on 24.08.2019 by the respondents pursuant to the Notification No.20/2019 dated 21.06.2019 published by the 1st respondent for Paper-1 (subject paper) in respect of Chemistry subject, quash the same and consequently, to direct the respondents to conduct afresh the said written examination based on the question paper prepared based on the syllabus for the Chemistry subject having subject code 228 as stipulated in the said notification dated 21.06.2019 and thereafter to proceed further to select candidates as stipulated in the said notification.
For Petitioner : Mr.N.Subramaniyan For Respondents : Mr.M.Loganathan Standing Counsel for TNPSC
O R D E R
Writ Petition is filed for issuance of Writ of Certiorarified Mandamus calling for the records pertaining the
impugned question paper supplied to the petitioner during the written examination held on 24.08.2019 by the respondents pursuant to the Notification No.20/2019 dated 21.06.2019 published by the 1st respondent for Paper-1 (subject paper) in respect of Chemistry subject, quash the same and consequently, to direct the respondents to conduct afresh the said written examination based on the question paper prepared based on the syllabus for the Chemistry subject having subject code 228 as stipulated in the said notification dated 21.06.2019 and thereafter to proceed further to select candidates as stipulated in the said notification.
2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. By consent, the writ petition is taken up for final disposal. 3.The case of the petitioner is that the petitioner is possessing requisite qualifications and hence, applied for the post of Junior Scientific Officer in Forensic Science Department pursuant to the Notification No.20/2019 of the 1st respondent dated 21.06.2019. The petitioner wrote written examination in Paper-I for the subject Chemistry containing 200 questions each carrying 1.50 marks and Paper-II for General studies containing 100 questions each carrying 2 marks.
As per the said notification, the syllabus for the examination is Chemistry having subject code 228, whereas the respondents illegally supplied a different question paper relating to subject code 244 vitiating entire examination. Therefore, the petitioner has made a representation dated 04.09.2019 to the respondents through Email and registered post and till date, the same was not considered. Challenging the validity of the written examination held on 24.08.2019 by the respondents based on the question paper relating to the subject code 244 supplied to the candidates, the present writ petition is filed. 4.Learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 04.09.
2019 and pass appropriate orders on merits within the reasonable time.
5.Learned Standing Counsel appearing for the respondents has also conceded the request made by the learned counsel for the petitioner.
6. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the respondents to consider the petitioner's representation dated 04.09.2019 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
7. The writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road, Chennai-600 003.
2.The Controller of Examinations Tamil Nadu Public Service Commission Frazer Bridge Road, Chennai-600 003.
+1cc to Mr.M.Loganathan, Advocate SR.83901 W.P.No.28716 of 2019 and W.M.P.Nos.28472 & 28474 of 2019 SR(CO) CB(09/10/2019)