Sivasajith.R v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI WMP(MD) No.700 of 2022 R.Sivasajith Petitioner Vs.

1.The Chairman, TNPSC Road Park Town, 2.The Controller of Examination, TNPSC Road, Park Town, Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to conduct fresh Paper - 1 Examination insofar the petitioner is concerned, for the post included in the Combined Statistical Subordinate Service Examination conducted by the respondents in Notification No.16/2021, dated 20.10.2021, by considering the petitioner's representation, dated 11.01.2022, within the time frame fixed by this Court.

For Petitioner :Mr.J.Senthil Kumaraiah For Respondents :Mr.Anand Kumar .J

O R D E R

This writ petition is filed for a Mandamus to direct the respondents to conduct fresh Paper - 1, Combined Statistical Subordinate Service Examination, insofar the petitioner is concerned, as per Notification No.16/2021, dated 20.10.2021, by considering the petitioner's representation, dated 11.01.2022. 2.The case of the petitioner is that he is physically challenged person and applied for the post included in the Combined Statistical Subordinate Service Examination i)Computer - cum vaccine 1/3

store keeper in Public Health and Preventive Medicine Department, ii) Block Health Statistician in Family Welfare Department and iii) Statistical Assistant in Food Safety & Drug Administration Department, as per Notification No.16 of 2021, dated 20.10.2021. The written examination was scheduled on 11.01.2022. The petitioner went to the Examination Hall on 11.01.2022 at 9.35 am, instead of 9.00 am and therefore, the petitioner was not permitted to participate in the examination. Hence, the petitioner is before this Court with the present writ petition, to direct the respondents to conduct fresh examination insofar as the petitioner is concerned. 3.

This Court is surprised how the petitioner is expected this Court to direct the respondents to conduct examination afresh insofar the petitioner is concerned, for the fault of the petitioner in not attending the examination in time. Once the petitioner applied for any examination, he/she should be vigilant about the timings and the venue of examination. In the present case, the petitioner has entered the examination hall after 35 minutes of commencement of examination. Therefore, there is no right accrued on the petitioner to claim for re-examination and there is no obligation on the part of the respondents to conduct fresh examination.

4.In view of the above, there is absolutely no merit in this writ petition and accordingly, this writ petition is dismissed at the admission stage itself. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chairman, TNPSC Road Park Town, 2/3

2.The Controller of Examination, TNPSC Road, Park Town, WMP(MD) No.700 of 2022 24.01.2022 RD(11.03.2022) 3P 3C 3/3