A.Ganapathy v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH A.Ganapathy ... Petitioner Vs 1.The Secretary, Tamil Nadu Public Service Commission, Veerasar Bridge Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

2.The Controller of Examination, Tamil Nadu Public Service Commission, Veerasar Bridge Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

3.The Commissioner, Hindu Religious and Charitable Endowment Board, No.109, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents 1 to 3 to 1/4

consider the representation dated 09.12.2022 for issuing the appointment letter for the post of Executive Officer Grade-I (under Blind Quota) as selected via Roll Number 02132128.

For Petitioner : Mr.R.Rajkumar For Respondents : Mr.R.Bharanidharan, TNPSC for R1 and 2 Mr.S.Yashwanth, Additional Government Pleader for R3

ORDER

Heard Mr.R.Rajkumar, learned counsel for the petitioner, Mr.R.Bharanidharan, learned Standing Counsel appearing for TNPSC for respondents 1 and 2 and Mr.S.Yashwanth, learned Additional Government Pleader for the third respondent.

2.The petitioner herein had given a representation to the respondents on 09.12.2022 for issuance of appointment letter to the post of Executive Officer Grade-I under Blind Quota. Since the said representation was not considered, the present writ petition has been filed.

3.It is needless to point out that whenever a representation of this 2/4

nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 09.12.2022, on its own merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

5.It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits. 3/4

M.S.RAMESH,J.

vga 6.With the above direction, the Writ Petition stands disposed of. No costs.

06.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To 1.The Secretary, Tamil Nadu Public Service Commission, Veerasar Bridge Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

2.The Controller of Examination, Tamil Nadu Public Service Commission, Veerasar Bridge Road, V.O.C.Nagar, Park Town, Chennai - 600 003.

3.The Commissioner, Hindu Religious and Charitable Endowment Board, No.109, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034.

4/4