Sivaperumal .P v. Tamilnadu Public Service Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.481 of 2024 and W.M.P.(MD).Nos.502 & 503 of 2024 P.Sivaperumal ... Petitioner Vs.

1. TamilNadu Public Service Commission, Rep. by its Chairman, TNPSC Road, VOC Nagar, Park Town, Chennai.

2. The Tamilnadu Public Service Commission, Rep. by its Secretary, TNPSC Road, VOC Nagar, Park Town, Chennai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent to call the petitioner for physical certificate verification for the post of Executive Officer Grade-IV included in Group-VIII services in notification No.13/2022 dated 20.05.2022 and consequently direct the respondents to appoint the petitioner for the said post by considering the representation dated 02.01.2024. For Petitioner : Mr.V.Thirumurugan For Respondents : Mr.V.Panneerselvam Standing Counsel 1/6

ORDER

The instant writ petition has been filed by an Aspirant to the post of Executive Officer Grade IV in HR &CE Department, pursuant to the notification No.13/2022 dated 20.05.2022.

2. The petitioner herein had applied for the said post under Scheduled Caste(A)(G)(EX) PSTM quota. At the time of uploading the certificates, the petitioner had uploaded the PSTM certificate which is not as per the prescribed format. After the petitioner has cleared the written examination, during online certificate verification, it was pointed out by the TNPSC that he should upload the certificates only in the prescribed format.

3. Thereafter, the petitioner has obtained a certificate from the NRT Memorial Modern School which reflects that the petitioner has undergone first standard to 8th standard in Tamil medium. However, the certificates relating to 9th standard & 10th standards have not been been uploaded in the prescribed format. Therefore, the petitioner was not called for certificate verification. The present writ petition has been filed seeking a mandamus as against the Public Service Commission to call the petitioner for physical certificate verification and direct them to appoint the petitioner.

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4. According to the learned Counsel appearing for the writ petitioner, if the mistake or defect had been pointed out, they would have obtained certificates and uploaded the certificates. He further relied upon the provisional selection list, wherein, the result of the some of the registered numbers have been withheld for receipt and acceptance of certain documents. The petitioner also claimed similar benefits.

5. Per contra, the learned Standing Counsel appearing for the respondents herein had contended that, during online verification, the defect in the PSTM certificate was pointed out and the petitioner has chosen to upload the certificates reflecting his status only covering 1st standard to 8th standard. Therefore, the petitioner was aware of the fact that he is expected to upload the certificates in the prescribed format. Since, he has not chosen to upload the PSTM certificate for 9th and 10th standard, he was not called for certificate verification.

6. I have carefully considered the submissions made on either side and perused the materials available on record.

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7. Considering the fact that the petitioner was already given a chance during online certificate verification and he was also aware of the fact that the certificate has to be uploaded only in the prescribed format, the petitioner having not chosen to upload certificates for the 9th and 10th standards, the question of granting another chance to the writ petitioner at this length of time would not arise. That apart, in the provisional list of selected candidates, certain registered numbers are shown as "results have been withheld" awaiting certain documents. In the present case, the petitioner having already been granted opportunity during online verification and failed to do so, the petitioner would not be entitled to similar benefits on par with others.

8. In such circumstances, this Court does not find any merits in this writ petition, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

18.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 4/6

To

1. The Chairman, TamilNadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai.

2. The Secretary, The Tamilnadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai.

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R.VIJAYAKUMAR , J.

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