N.Anurapoo v. Tamil Nadu Public Service Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022
CORAM
THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE and WMP.No.31020 of 2022 N.Anurapoo .. Petitioner Vs.
1.Tamil Nadu Public Service Commission Rep by its Secretary Frazer Bridge Road VOC Nagar, Park Town Chennai - 600 003.
2.The Commissioner Hindu Religious and Charitable Endowment No.119, Mahatma Gandhi Road Nungambakkam Chennai - 600 034.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to send the proposal to the first respondent to appoint the petitioner to the post of Executive Officer, Grade - III included in the Tamil Nadu Hindu Religious and Charitable Endowment Subordinate Service since the petitioner who is in the reserve list dated 15.10.2019 released by the first 1/6
respondent under the category MBC/DC women is eligible to be appointed as Executive Officer, Grade-III pursuant to Notification No.31/2018, dated 02.11.2018 against the vacancy created due to the non-joining of the post by a candidate coming under the category MBC/DC (General).
For Petitioner : Ms.C.Uma For Respondents : Mr.I.Abrar Md. Abdullah for R1 Mr.M.Binduran Additional Government Pleader for R2
ORDER
This writ petition is filed for Mandamus seeking for a direction to the second respondent to send the proposal to the first respondent to appoint the petitioner to the post of Executive Officer Grade-III included in the Tamil Nadu Hindu Religious and Charitable Endowment Subordinate Service.
2. The petitioner claims that her name finds a place in Sl.No.1 in the reserve list dated 15.10.2019 released by the first respondent under the category Most Backward Classes / Denotified Communities Women (MBC/DC Women) for the post of Executive Officer Grade-III included 2/6
in the Tamil Nadu Hindu Religious and Charitable Endowment Subordinate Service, pursuant to the selection notification. According to the petitioner, two of the selected candidates under the category 'General' and 'MBC/DC (General)' have not joined the said post and therefore, she is now eligible to be appointed as Executive Officer Grade-III. In such circumstances, she has given a representation on 14.11.2022 for the said purpose. Since her representation has not been considered till date, she has filed the writ petition.
3. Heard Ms.C.Uma, learned counsel appearing for the petitioner. Mr.I.Abrar Md.Abdullah, learned counsel accepts notice for the first respondent and Mr.M.Binduran, learned Additional Government Pleader for the second respondent.
4. The learned Additional Government Pleader appearing for the second respondent, on instructions submitted that a proposal has been sent to the first respondent to fill up the unfilled posts of Executive Officers. The same is recorded.
5. The learned counsel for the petitioner submits that no 3/6
prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time framed to be fixed by this Court.
6. The petitioner claims that she is now eligible to be appointed as an Executive Officer Grade-III, since two selected candidates as per the final selection list, have not joined the said posts. The petitioner further contends that her name is found in Sl.No.1 in the reserve list under the category 'MBC/DC Women', and therefore, she is now eligible for being appointed as Executive Officer Grade-III. It is for the respondent to consider the same on merits.
7. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law, on the petitioner's representation dated 14.11.2022, requesting for appointment to the post of Executive Officer Grade -III included in the Tamil Nadu Hindu Religious and Charitable Endowment Subordinate Service, as she claims that her name finds a place in Sl.No.1 in the reserve list dated 15.10.2019 released by the first respondent, within a period of four weeks from the date of receipt of a copy of this order. 4/6
8. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is closed. 25.11.2022 Speaking Order/Non-speaking Order Index : Yes / No ds To:
1.Tamil Nadu Public Service Commission Rep by its Secretary Frazer Bridge Road VOC Nagar, Park Town Chennai - 600 003.
2.The Commissioner Hindu Religious and Charitable Endowment No.119, Mahatma Gandhi Road Nungambakkam Chennai - 600 034.
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ABDUL QUDDHOSE.J., ds 25.11.2022 6/6