N.Nagarajan v. The Deputy Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Nagarajan ... Petitioner Vs The Deputy Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Part Town, Chennai - 600 003.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent in Letter No.4664/PSD/A1/2015 dated 04.01.2022 and quash the same as illegal and consequently directing the respondent to provide appointment to the petitioner to the post of Typist in Group-IV 2013-2014 Recruitment conducted by the respondent.

For Petitioner : M/s.M.Sudha Rani For Respondent : Mr.V.Paneerselvam 1/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 2.The petitioner is an aspirant for the post of typist. He participated in the recruitment process held in the year 2014. The written examination was held on 21.12.2014 and the petitioner cleared the same. The petitioner is said to have been called for counselling on 28.12.2015. The petitioner however was not selected. Hence he filed W.P(MD)No.2824 of 2021. This Court directed the respondent to consider the petitioner's representation. However, by the impugned communication, the petitioner was informed that since the petitioner did not reach the zone of consideration and scored below the cut off mark, he was not selected. Challenging the same, the present writ petition has been filed.

3.The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to set aside the impugned communication and grant relief as prayed for.

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4.I am not persuaded by the submission advanced by the learned counsel for the petitioner. As rightly pointed out by the learned Standing Counsel the matter has become stale. The petitioner admittedly took part in the recruitment process that was held in the year 2014. We are now in 2023. The impugned communication was issued in the year 2022. Since several subsequent selections have taken place, there is no point in considering the case of the petitioner. More than anything else, the categorical stand of the respondent is that only on account of the performance of the petitioner he was not selected. Materials placed before this Court are not sufficient to dislodge the aforesaid stand taken by the commission. There is no merit in this writ petition. 5.This writ petition stands dismissed. There shall be no order as to costs. 12.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA To The Deputy Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Part Town, Chennai - 600 003.

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G.R.SWAMINATHAN, J.

MGA 12.04.2023 4/4