Sethuraman.V v. Tamilnadu Public Service Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) Nos.446 and 447 of 2021 V.Sethuraman ... Petitioner Vs.

Tamil Nadu Public Service Commission, Rep., by its Secretary, TNPSC Road, Park Town, V.O.C.Nagar, Chennai-600 003.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for the records on the file of the respondent in connection with the impugned order of rejection issued through official email id of Tamil Nadu Public Service Commission (contacttnpsc@gmail.com) dated 08.12.2020 and quash the same as illegal and arbitrary and consequently direct the respondent to accept the scanned copy of certificate sent by the petitioner and consider his case for further selection process for the post of Assistant Tourist Officer Grade-II Recruitment for the year 2018-2019 within the time limit that may be stipulated by this Court.

For Petitioner :

Mr.G.Thalaimutharasu For Respondent :

Mr.V.Panneerselvam Standing Counsel

ORDER

This writ petition has been filed aggrieved by the e-mail communication dated 08.12.2020 issued by the respondent-Tamil Nadu Public Service Commission (TNPSC) intimating the petitioner that the request of the petitioner to permit him to submit his certificates for certificate verification beyond the schedule cannot be complied with in terms of para 12(I) and para 15 of Notification No.22/2019, dated 22.07.2019.

2. The petitioner, who emerged as successful candidate in the written examination, was required to upload the certificates online for verification and he was permitted to upload the same during 26.10.2020 to 05.11.2020. Admittedly, the petitioner has not uploaded the certificates during the said period on the ground that he has no intimation about the necessity of uploading the certificates for verification. The necessity of uploading the certificates online was intimated to the petitioner through e-

mail as well as SMS on his mobile. It is not the case of the petitioner that he has not received the e-mail or SMS on his mobile. But the reason given by the petitioner is that due to his illness, he could not check the e-mail or SMS on his mobile and also due to technical problem. Admittedly, the petitioner approached the respondents for uploading the certificates only after expiry of the time given to him.

3. Para 12(I) and para 15 of the notification dated 22.07.2019 issued by the respondent-TNPSC are very clear, which read as under: "12(I) Evidence for claims made in the online application should be uploaded / submitted in time when called for the documents. Any subsequent claim made thereafter on submission of online application will not be entertained. Failure to submit the documents within the stipulated time will entail rejection of the Application. 15.Upload of Documents:

No documents need be uploaded while submitting online application for this recruitment. The applicants must upload / submit the documents when called for specifically. If the required certificate is not

uploaded when called for and if the certificate uploaded by the applicant is not clear and not readable, the application will be rejected without any further notice."

4. The above clauses are very clear in its terms and any failure on the part of the candidate to upload the certificates within the time stipulated would entail rejection of his candidature for further process. In the instant case, admittedly, the petitioner failed to upload the certificates within the time stipulated by the respondent-TNPSC. Therefore, this Court does not find any error or illegality in the communication dated 08.12.2020 issued by the respondent-TNPSC.

5. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. NCC : Yes/No 20.02.2024 Index : Yes/No Internet : Yes ABR

To The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, V.O.C.Nagar, Chennai-600 003.

MUMMINENI SUDHEER KUMAR, J.

ABR 20.02.2024