V.J. Malar Vizhi v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.07.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) Nos.12259 and 14792 of 2014 and M.P.(MD)Nos.2 and 2 of 2014 V.J.Malar Vizhi ... Petitioner in both W.Ps -vs1.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai 600 003.

2.The Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai-600 003.

3.The Secretary, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Nungambakkam, Chennai-6.

... Respondents in both W.Ps Prayer in W.P.(MD).No.12259 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned additional list of candidates admitted for oral test for appointment by direct recruitment to the post of Executive Officer Grade I in the TNHR&CE Subordinate Service included in Group VIIA Services, 2009-2010 & 2010-2011 dated 08.07.2014 on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondents 1 and 2 to call the petitioners for the oral test and appoint the petitioners if found on merit to the post of the Executive Officer Grade I within the time stipulated by this Court.

Prayer in W.P.(MD).No.14792 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned selection list of candidates for appointment by direct recruitment to the post of Executive Officer Grade I in the TNHR&CE Subordinate Service included in Group VIIA Services, 20092010 & 2010-2011 dated 01.08.2014 on the file of the 2nd respondent

and quash the same as illegal and consequently direct the respondnets 1 and 2 to consider the petitioners for appointment to the post of the Executive Officer Grade I within the time stipulated by this Court.

For Petitioners (in both petitions) : Mr.T.R.Jeyapalam For Respondents (in both petitions) : Mr.K.K.Senthil (for R-1 and R-2) Mr.M.Jeyakumar Additional Government Pleader (for R-3) C O M M O N O R D E R The claim of the writ petitioners in the present writ petitions are that she is entitled for appointment to the post of Executive Officer Grade I in Tamil Nadu Hindu Religious and Charitable Endowments Department. The adjudication of certain merits raised in these writ petitions need not be considered, in view of the fact that the writ petitioner was not an unsuccessful candidate and within the zone of consideration. 2.The learned counsel appearing on behalf of the Tamil Nadu Public Service Commission states that the writ petitioner has scored 303 marks and she appeared under the category of SC Women. The cut-off mark for the category of SC Women is 382.5. Thus, the writ petitioner is not within the zone of consideration and she has scored less mark, than the cut-off mark fixed for the particular candidature.

3.In view of the fact that the writ petitioner is an unsuccessful candidate and not within the zone of consideration, no further adjudication is required and hence, these Writ Petitions stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS)

To 1.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai 600 003.

2.The Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai-600 003.

3.The Secretary, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Nungambakkam, Chennai-6.

+2 cc to Mr.T.R.JEYAPALAM,Advocate, SR.No.73665 & 73666 +1cc to Mr.K.K.SENTHIL,Advocate, SR.No.74035 +2cc to the Spl.Govt.Pleader Sr.Nos.73901 & 93992 sji/Ns W.P.(MD) Nos.12259 and 14792 of 2014 and M.P.(MD)Nos.2 and 2 of 2014 05.07.2019 NA (26.07.2019) 3P :9C