L.Kothandaraman v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.Nos.29719 to 29721 of 2017 L.Kothandaraman

...Petitioner

-Vs1.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai, Tamil Nadu - 600003.

2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai, Tamil Nadu - 600003.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the petitioner candidature (Register No.00101169) dated 11.10.2017 in the selection for the post of Junior Inspector of Co-operative 1/4

Societies in the Co-operative Department in the Tamil Nadu Co-operative Subordinate included in Combined Civil Services Examination-III (Group-III A Service) and directing the respondents to call me for the oral test (interview) for the post of Junior Inspector of Co-operative Societies in the Co-operative Department in the Tamil Nadu Co-operative Sub-ordinate included in Combined Civil Services Examination-III (Group-III A Service) For Petitioner : Mr.J.James For Respondents : Ms.G.Hema

ORDER

The petitioner herein is aggrieved against his non-selection in the Combined Civil Services Examination - III (Group III A Service) conducted by the respondents herein on 11.10.2017 for the post of Junior Inspector of Cooperative Societies in the Tamil Nadu Co-operative Subordinate Service.

2. The claim of the petitioner is that though he had passed the written test and was called for certificate verification, his candidature was not considered.

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3. The learned counsel for the respondents placed reliance on the counter affidavit and submitted that the petitioner herein belongs to Backward Class Community, for which, the maximum age prescribed is 32 years, whereas the petitioner was 40 years at the time of notification and therefore, he is not entitled for selection. She further submitted that since the notification prescribes for an experience of 5 years of service as Supervisor or other nonofficial employees of Co-operative Societies, the petitioner was only an employee on daily wage basis, which cannot be considered as a qualifying service. Above all, the petitioner had secured only 169.5 marks as against the cut-off mark of 234 prescribed for Backward Class Community and on this ground also, the petitioner is not entitled for selection.

4. On an overall consideration of the factual aspects pointed out by the learned counsel for the respondents, this Court is of the view that the petitioner has failed to meet the required qualification prescribed for selection to the post of Junior Inspector of Co-operative Societies, as well as that he has failed to reach the zone of consideration under Backward Class quota. 3/4

M.S.RAMESH,J.

hvk

5. Thus, the claim of the petitioner does not require consideration. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 11.01.2023 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order hvk To 1.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai, Tamil Nadu - 600003.

2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai, Tamil Nadu - 600003.

W.P.No.

27748 of 2017 4/4