Baskaran v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) No. 3490 of 2022 Baskaran .. Appellant/ Petitioner Vs

1. The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai - 600 003.

2. The Controller of Examination, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai - 600 003.

.. Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 14.03.2022 made in W.P.(MD) No. 4402 of 2022.

Prayer in WP(MD). 4402/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents permit the petitioner to apply for the post of Executive Officer, Grade I included in Group VII A Services as per the 1st respondents advertisement no.603 and notification No.01/2022 dated 21.01.2022 and to permit the petitioner to write the above examination scheduled to be held on 23.04.2022 and 24.04.2022 by considering the petitioners representation dated 25.02.2022 within the time limit, that may be prescribed by this Honble High Court and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Appellant :

Mr.S.Vidhya Sagar 1/3

JUDGMENT

[Delivered by PARESH UPADHYAY, J.] Challenge in this appeal is made to the order dated 14 March 2022 recorded on W.P(MD) No.4402 of 2022. This appeal is by the unsuccessful original writ petitioner.

2. The prayer clause in the writ petition reads as follows: "Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents permit the petitioner to apply for the post of Executive Officer, Grade I included in Group VII A services as per the 1st respondent's advertisement no.603 and notification No.01/2022 dated 21.01.2022 and to permit the petitioner to write the above examination scheduled to be held on 23.04.2022 and 24.04.2022 by considering the petitioner's representation dated 25.02.2022 within the time limit that may be prescribed by this Court."

3. Learned advocate for the appellant / writ petitioner has attempted to submit that, he had attempted to upload the application form in time, however the same was not processed. During the course of hearing, it is also submitted that, the examination which he intends to appear is scheduled on 23.04.2022 and 24.04.2022.

4. Holding of the competitive examination by an authority, that too by the State Public Service Commission can not be interfered with at this juncture, that too keeping in view the prayer clause which noted above. In this background, dismissal of writ petition, according to us, can not be said to be any error which may call for interference in intra-court appeal under Clause 15 of Letters Patent.

5. For the above reasons, writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition would not survive. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn/3 2/3

To

1. The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai - 600 003.

2. The Controller of Examination, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai - 600 003.

W.A(MD)No.354 of 2022 19.04.2022 RD(26.04.2022) 3P 3C 3/3