V.Sivaraj v. Tamil Nadu Public Service Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No. 30903 of 2019 V.Sivaraj ... Petitioner Vs.

Tamil Nadu Public Service Commission Rep by its Controller of Examination Chennai - 600 003.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to declare that petitioner (Registration No.181224878) has passed Departmental Examinations for December-2018 bearing Test Code No.124-THE ACCOUNT TEST FOR SUB-ORDINATE OFFICERS - Part-I pursuant to its Notification No.21/2018 dated 20.09.2018. For Petitioner : Mr.Santhosh Kumar for Ms.V.Srimathi For Respondent : Mr.R.Bharanidharan Standing Counsel for TNPSC 1/6

O R D E R

This Writ Petition has been filed seeking for a direction to the respondent to declare that petitioner (Registration No.181224878) has passed Departmental Examinations for December-2018 bearing Test Code No.124-THE ACCOUNT TEST FOR SUB-ORDINATE OFFICERS - Part-I pursuant to its Notification No.21/2018 dated 20.9.2018.

2.The petitioner is working in Dairy Department. He appeared for the Account Test conducted by the Tamil Nadu Public Service Commission (TNPSC) for Subordinate Officers Part-I (Test Code-124) held on 28.12.2018 at Villupuram Centre. In the departmental examination, the candidates, who are appearing for the said examination, have to get minimum pass marks in both objective and descriptive type of examinations. The minimum pass marks for the 2/6

examination is 27. In the objective type of examination, the petitioner secured 27 marks out of 40 marks, and in the descriptive type of examination, the petitioner secured 21 marks out of 60 marks. Therefore, since he has failed to secure minimum pass marks in descriptive type, he was rightly declared as disqualified. 3.Apart from the above, in the previous examinations conducted by the TNPSC too, he failed to score minimum marks in all his previous attempts, which are stated below:- Sl.No.

Year Subject Result December, 2017 Account Test - Part I Fail 2.

May 2018 Account Test - Part I Fail 3.

December 2018 Account Test - Part I Fail 4.

May 2019 Account Test - Part I Fail 4.In view of the above, since the petitioner has failed to secure minimum pass marks, the prayer sought for by the petitioner in the 3/6

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V.BHAVANI SUBBAROYAN, J, mps present writ petition cannot be sustained. Accordingly, the Writ Petition fails and it is dismissed. No costs. 22.12.2023 Index : Yes/No Speaking order:Yes/No mps To The Controller of Examination, Tamil Nadu Public Service Commission, Chennai - 600 003.

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