J. Saranya v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM THE HONOURABLE MRS.JUSTICE R.THARANI W.A(MD)No.866 of 2017 C.M.P(MD)Nos.5814 and 5815 of 2017 J.Saranya .. Appellant/ Petitioner Vs.

1. The Secretary, The Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 3.

2. The Chairman, Board of Examinations, Department of Technical Education, Chennai.

3. The State of Tamil Nadu rep. By its Secretary to Government, Home Department, Secretariat, Chennai.

.. Respondents/Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order, dated 07.10.2016, made in W.P(MD)No.140 of 2016.

Prayer in WP(MD). 140/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to consider the petitioner for appointment to the post of Typist by conducting the counselling for the petitioner (Register No. 190114130) taking into consideration of the marks secured by the petitioner and also taking into account of Technical Qualification possessed by her on the last date of submission of application i.e., on 12.11.2014 and consequentially to direct the 1st respondent to appoint the petitioner as Typist on the basis of ranking to her in the Written Examination.

For Appellant : Mr.C.Venkateshkumar for M/s.Ajmal Associates.

For Respondent No.1 : Mr.K.K.Senthil For Respondents 2 and 3 : Mr.VR.Shanmuganathan, Special Government Pleader.

J U D G M E N T

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.C.Venkateshkumar for M/s.Ajmal Associates, learned counsel appearing for the appellant, Mr.K.K.Senthil, learned counsel appearing for the first respondent Mr.VR.Shanmuganathan, learned Special Government Pleader, appearing for the respondents 2 and 3.

2.The learned counsel appearing on either side would submit that the issue involved in this Writ Appeal is covered by the Judgment of this Court in A.Solamalai Vs. Tamil Nadu Public Service Commission [W.A(MD)No.5 of 2017, etc. batch, dated 10.04.2017]. Thus, following the said decision, the Writ Appeal is allowed and the order, dated 07.10.2016, made in W.P(MD)No.140 of 2016, is set aside and the first respondent/ TNPSC is directed to consider the grant of appointment to the appellant in the post of Typist, as per her ranking, subject to the appellant being qualified in other respects, within a period of twelve weeks from the date of receipt of a copy of this Judgment. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Secretary, The Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 3.

2.The Chairman, Board of Examinations, Department of Technical Education, Chennai.

3.The Secretary to Government, Home Department, Government of Tamil Nadu, Secretariat, Chennai.

+ 1 cc TO Mr.K.K.Senthil , Advocate in SR No. 52070 + 1 cc TO M/S.Ajmal Associates , Advocate in SR No. 52235 smn AE/JC/SAR2/19.03.2018/3P/6C JUDGMENT MADE IN W.A(MD)No.866 of 2017 C.M.P(MD)Nos.5814 and 5815 of 2017 28.02.2018