L.Deepika v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA L.Deepika ... Petitioner vs.

1. The State of Tamil Nadu Rep.by its Secretary to Government Human Resources Management Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Secretary Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai 600 003.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 1st respondent to pass orders clarifying the eligibility of petitioner for selection to the post of Assistant Section Officer in Tamil Nadu Secretariat Service in consideration of representation submitted by the petitioner to the 1st respondent dated 04.10.2025 within a time frame to be fixed by this Court.

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For petitioner : Mr.G.Sankaran Senior Counsel for Mr.S.Nedunchezhiyan For respondents : Mr.S. Yashwanth, Additional Government Pleader for R1 Mr.B.Vijay for R2 - - - - - -

ORDER

Mr.S.Yashwanth, learned Additional Government Pleader, takes notice for the 1st respondent and Mr.B.Vijay, learned counsel, takes notice for the 2nd respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner's case is that she was selected through TNPSC Notification No.15/2016 dated 09.08.2016 for the post of Junior Assistant under the Tamil Nadu Ministerial Service and was allotted to the Tamil Nadu Text Book and Educational Services Corporation and she joined duty on 09.10.2017. Her services were regularised and later she was promoted as Assistant on 20.10.2022. In 2024, TNPSC issued Notification No.16/2024 for recruitment by transfer to the post of Assistant Section Officer (ASO) in Group-V A Services inviting applications from Junior Assistants/Assistants under the Tamil Nadu Ministerial or Judicial Ministerial Service. The petitioner applied and attended 2/7

the written examination, secured 160.25 marks and ranked No.3 overall. Despite being provisionally admitted for onscreen certificate verifiction, the petitioner's application was later rejected on the ground that the Tamil Nadu Text Book and Educational Services Corporation does not come under the Tamil Nadu Ministerial Service, as per TNPSC's email dated 25.08.2025. The petitioner contends that her appointment arose from a TNPSC notification explicitly referring to Tamil Nadu Ministerial Service without departmental classification and that TNPSC's later denial amounts to arbitrary discrimination, especially when similarly placed candidates were treated as eligible.

One such similarly placed person was appointed as Junior Assistant in the same Corporation was selected as Assistant in the Tamil Nadu Secretariat Service through TNPSC recruitment by transfer in 2022, highlighting discriminatory treatment against the petitioner. Therefore, the petitioner filed W.P.No.32857 of 2025 before this Court seeking a direction to the respondent to consider her candidature for the post of Assistant Section Officer under the 2024 Notification. The counter affidavit has remained silent on the crucial aspect of the initial 2016 Notification under which the petitioner was selected. The counter also fails to address the precedent of similarly placed candidates who were considered eligible under identical circumstances. The petitioner's W.P.No..

06.10.2025, her right to selection stands prejudiced. Hence, she has approached this Court by filing this writ petition.

3. Heard the learned counsel on either side and perused the materials placed on record.

4. Learned counsel for the petitioner submitted that it would suffice, if a direction is issued by this Court to consider the petitioner's representation dated 04.10.2025, within a time frame to be fixed by this Court.

5. Acceding to the aforesaid submission, learned Additional Government Pleader appearing for the 1st respondent would submit that the 1st respondent may be directed to consider the petitioner's representation, within a stipulated time to be fixed by this Court.

6. The learned counsel for the 2nd respondent submitted that the petitioner had sent a similar representation to the 2nd respondent and it has been considered and rejected.

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7. The petitioner has sought a direction only against the 1st respondent. In view of the fair submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader for the 1st respondent, this Court, without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 04.10.2025 on its own merits and pass orders in accordance with law as expeditiously as possible.

8. With the above direction, this writ petition stands disposed of. No costs.

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1. The State of Tamil Nadu 5/7

Rep.by its Secretary to Government Human Resources Management Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Secretary Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai 600 003.

A.D. JAGADISH CHANDIRA, J.

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