Sivaranjith .A v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Sivaranjith ... Petitioner Vs.

1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

2.The Controller of Examination, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the Petitioner's representation dated 5.4.2023 to permit the Petitioner to participate in the second counselling and selection process. 1/6

For Petitioner : Mr.T.Muthukrishnan For Respondents : Mr.V.Panneerselvam Standing Counsel

O R D E R

This Writ Petition is filed seeking issuance of a Writ of Mandamus to direct the to consider the Petitioner's representation, dated 5.4.2023 to permit the Petitioner to participate in the second counselling and selection process.

2.Mr.V.Panneerselvam, learned Standing Counsel takes notice for the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal.

3.The petitioner herein had given a representation to the respondents on 05.04.2023 seeking to permit the Petitioner to participate in the second counselling and selection process for the post of Land Surveyor and Drafter. Since the said representation was not considered, the present Writ Petition has been filed.

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4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5.The learned counsel for the Petitioner would further submit that in case of similar nature, the Principal Bench of this Court considered the request of the Petitioner therein positively in W.P.No.31759 of 2018, dated 23.7.2019.The learned counsel would further submit that the Petitioner belongs to SC category and has secured overall mark of 693 and was in the rank of 50 and the mark which he scores entitles him to place him in the said post and based on the technical flaw his rights may not be deprived.

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6.In the light of the urgency expressed by the Petitioner in this matter that the counselling going to be held on 23.5.2023 and the light of the judgment cited by the Petitioner, there shall be a direction to the respondents to consider the petitioner's representation, dated 05.04.2023 on its own merits and pass appropriate orders in accordance with law, on or before 22.5.2023 positively. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

7.The learned counsel for the Petitioner brought to the notice of this Court that out of total 1338 posts only 1206 candidates were selected and remaining 135 posts are yet to be selected and in such circumstances, this Court directs the respondents to keep one post vacant till the disposal of the representation submitted by the Petitioner.

8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

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Index :Yes/No Internet :Yes/No NCC : Yes / No vsn To 1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

2.The Controller of Examination, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

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L.VICTORIA GOWRI., J.

vsn W.P(MD)No.

10601 of 2023 19.05.2023 6/6