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Madras High CourtWP/41515/2025disposed of

P.Kalaivani v. The Government Of Tamilnadu

2025-11-05Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K. ILANTHIRAIYAN P.Kalaivani : Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St.George, Chennai-600 009.

2.The Secretary, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003.

3.The Controller of Examinations, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003 4.The Director, Directorate of Prosecution, No.5, Kamaraj Salai, Chennai-600 005.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 08.02.2025 and 26.09.2025 and direct the respondents to appoint the petitioner as Assistant Public Prosecutor Grade II, as per the Reserve List dated 22.11.2024 published by the second respondent, within a time frame fixed by this Court.

For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.S.Yashwanth Additional Government Pleader for R1 and R4 Mr.K.Karthik Jagannath Standing Counsel for R2 and R3

ORDER

The writ petition has been filed for a direction directing the second respondent to consider the representations dated 08.02.2025 and 26.09.2025 submitted by the petitioner seeking appointment to the post of Assistant Public Prosecutor Grade II as per the Reserve List dated 22.11.2024 published by the second respondent.

2. The petitioner is qualified with BL decree and applied for the post of 2/6

Assistant Public Prosecutor as per the notification issued by the second respondent dated 25.08.2021. The petitioner was qualified in the written examination and got selected for interview. However, the petitioner's name was kept in the reserved list dated 22.11.2024 published by the second respondent at Serial No.3 under MBC/DNC (General) & MBC/DNC (Women) Category. One of the selected candidate under the MBC General Category for the post of Assistant Pubic Prosecutor resigned and was appointed as Civil Judge by this Court. In the serial Nos.1 and 2 of the reserved list for the post of Assistant Public Prosecutor under MBC category were also appointed as Civil Judge. The petitioner is the next candidate in the reserved list and as such her candidature has to be considered for appointment to the post of Assistant Public Prosecutor. Therefore, the petitioner submitted representations. On receipt of the same, the second respondent replied that they have not received any vacancy from the Government to consider the case of the petitioner to the post of Assistant Public Prosecutor.

3. In view of the above, the first respondent is directed to inform about the 3/6

vacancy, if arises to the post of Assistant Public Prosecutor, to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to consider the case of the petitioner if she is eligible to be appointed to the post of Assistant Public Prosecutor, in accordance with law within a period of two weeks thereafter.

1. With the above directions, the writ petition stands disposed of. No costs. 2.

05.11.2025 Speaking (or) Non Speaking Order mrn 4/6

To 1.The Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St.George, Chennai-600 009.

2.The Secretary, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003.

3.The Controller of Examinations, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003 4.The Director, Directorate of Prosecution, No.5, Kamaraj Salai, Chennai-600 005.

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G.K. ILANTHIRAIYAN , J.

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