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Madras High CourtWP(MD)/11316/2024disposed of

C.Kuttithai v. The Tamil Nadu Public Service Commission

2024-06-18Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD).Nos.10060, 10061 and 10062 of 2024 C.Kuttithai

...Petitioner

Vs 1.The Tamil Nadu Public Service Commission, Represented by its Secretary, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 3.

2.The Controller of the Examination, Tamilnadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Advertisement No. 605, Notification No.03/2022 dated 23.02.2022 issued by the first Respondent insofar as clause 13 (B) (vi) is concerned and the consequential rejection order passed by the first respondent in his proceedings in Memorandum 1/6

No.656/APD-B-Gr-II/2022 dated 10.04.2024 and quash the same as illegal and consequentially to direct the respondents to consider the petitioner under PSTM category for the appointment to any of the Non - Interview post (Group-IIA Services) in pursuance of notification issued by the first respondent in his Advertisement No.605, Notification No.03/2022 dated 23.02.2022 within the period that may be stipulated by this Court.

For Petitioner : Mr.A.Nawaz Khan For M/s.Ajmal Associates For Respondents : Mr.V.Panneer Selvam

O R D E R

The petitioner who is aggrieved by the order of the second respondent dated 10.04.2024 has filed this Writ Petition seeking to quash the impugned Advertisement No.605, Notification No.03/2022 dated 23.02.2022 issued by the first Respondent insofar as clause 13 (B) (vi) is concerned and the consequential rejection order passed by the first respondent dated 10.04.2024 and consequentially to direct the respondents to consider the petitioner under PSTM category for the appointment to any of the Non - Interview post (Group-IIA Services). 2/6

2. Mr.A.Nawaz Khan, for M/s.Ajmal Associates, learned counsel for the petitioner submitted that the petitioner had completed only 10th Standard under Tamil Medium through private studies in the year 2001. She made an application to the post of Group II-A Services in response to the Notification of the first respondent dated 23.02.2022 vide Advertisement No. 605, Notification No.03/2022.

3. Mr.A.Nawaz Khan, for M/s.Ajmal Associates, learned counsel for the petitioner also submitted that despite the petitioner had applied for PSTM Certificate claiming that she comes under the category of PSTM certificate and also uploaded the certificate on 04.03.2024, the same has not been received by the first respondent due to some technical defects. Hence, the petitioner approached this Court by way of filing this Writ Petition.

4. The petitioner has produced the certificate evidencing her status that she studied in Tamil Medium for class 10th Standard. However, as per the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department dated 16.08.2021, for granting reservation under PSTM category, the applicant ought to have studied in Tamil 3/6

Medium from 1st to 10th Standard. In the instant case, the petitioner had furnished the certificate that she had studied Tamil Medium from 1st to 8th Standard and also the certificate for 10th Standard. In the impugned order, it is simply stated that the petitioner has not furnished any relevant documents to support her claim and hence, she was not considered for the same category. If the petitioner got sufficient documents, she can be given with the opportunity to upload the same in the website. However, the verification of the certificate will be done only in accordance with the rules and the earlier judicial pronouncement which have been rendered in this regard.

5. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 18.06.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 18.06.2024 4/6

To:

1.The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 3.

2.The Controller of the Examination, Tamilnadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

5/6

R.N.MANJULA, J.

Nsr 18.06.2024 6/6