Madras High CourtWP(MD)/13283/2017disposed of

G.Gajapriya v. The Secretary,

2017-07-19Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13283 of 2017 and W.M.P.(MD).Nos.10343 & 10344 of 2017 G.Gajapriya ... Petitioner Vs.

The Secretary, Tamil Nadu Public Service Commission(TNPSC), Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.

.. Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the respondent in memorandum No.5048/OTD-F2/2014 dated 28.04.2017, to enable the petitioner (Reg.No.100003019), to get appointment to the post of Nutrition Institution Management & Dietetics in Tamil Nadu General Service 2012-2013 and quash the same and consequently, direct the respondent to appoint the petitioner as per the II selection list on 19.08.2016 on merits within a time frame to be fixed by this Court. For Petitioner : Mr.G.Sankaran For Respondent : Mr.D.Sivaraman for TNPSC

O R D E R

Heard Mr.G.Sankaran, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned counsel appearing for the respondent.

2.By consent of both sides, this writ petition itself is taken up for final disposal.

3.The petitioner aggrieved by the impugned order dated 28.04.2017 holding that the candidate has not produced evidence for completion of UG degree in Tamil Medium, her application has been rejected as per Para 6(iv) of the instructions to the candidates and para 4(M) of notification for failure to produce evidence for claim or furnishing false information in application. Hence, the present writ petition is filed.

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4.The learned counsel appearing for the petitioner submitted that the petitioner qualified with B.Sc., Nutrition Institution Management & Dietetics in Government Arts College for Women, Ramanathapuram in the year 2006-2009 and she belongs to BC category. Therefore, when the notification was issued by the Tamil Nadu Public Service Commission, inviting only women candidates through online to the post of Child Development Project Officer, the petitioner wrongly mentioned her qualification in the application as B.Sc Nutrition Institution Management & Dietetics in Tamil Medium, whereas she qualified as B.Sc Nutrition Institution Management & Dietetics in English Medium. He further submitted that after realizing her mistake, immediately she sent a request letter dated 25.12.2014 to the respondent to correct her qualification as B.

Sc Nutrition Institution Management & Dietetics in English Medium, in the application. In the mean time, the respondent sent a hall-ticket to the petitioner to written examination and also called to attend certificate verification and oral test on 24.08.2015. At the time of verification, the petitioner has given a letter to the respondent along with her explanation that she has completed her degree in English Medium. It is further submitted that the petitioner, even before her rejection, she had submitted a detailed request letter to correct the mistake committed by her inadvertently. However, the same has not been considered. Therefore, the impugned order is liable to be set aside, it is pleaded.

5.This Court is unable to entertain the writ petition. The reason is that when the petitioner claims to have qualified with B.Sc Nutrition Institution Management & Dietetics in Government Arts College for Women, Ramanathapuram, she must be matured enough to fill in the application carefully, answering all the quarries in the said application, only after carefully going through the instructions given to the candidates. However, this has not been done properly and the selection process itself was over. 6.In view of the above, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To The Secretary, Tamil Nadu Public Service Commission(TNPSC), Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.

+One cc to M/s.G.Sankaran, Advocate, SR.No.66651 +One cc to M/s.D.Sivaraman, Advocate, SR.No.66329 Ns RL/4C/2P/SKN/RSK/SAR1/30/8/2017 W.P(MD)No.13283 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 19.07.2017