Faizunisha M v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.14740 of 2025 and W.M.P.(MD)No.10993 of 2025 M.Faizunisha ... Petitioner -vs1. The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai 600 003.

2. The Under Secretary, Tamil Nadu Public Service Commission, V.O.C.Nagar, Park Town, Chennai 600 003.

3. The Controller of the Examination, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

4. The Chairman Cum Managing Director, Tamil Nadu Electricity Board Limited, No.144, Anna Salai, Chennai - 2.

5. The Principal Secretary to Government, Human Resources Department, Secretariat, St.George Fort, Chennai 600 009.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 and 4 to provisionally admit the petitioner to physical certificate verification and counselling scheduled to be held on 29.05.2025 and 30.05.2025 based on the results of the written examination conducted by the 1st respondent and marks and the rank position published by the 1st respondent on 20.02.2025 without reference to the maximum age of 32 years prescribed for BC(OBCM)s, BCMs, MBCs/DCs in Notification No.9D/2024 dated 13.02.2025 in so far the 4th respondent Department is concerned in the light of Rule 20(8)(ii) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, by considering the representation of the petitioner dated 22.05.2025 within the period that may be stipulated by this Court.

For Petitioner : Mr.K.Ponnaiah For Respondents : Mr.J.Anandkumar (R1 to R3) Mr.B.Ramanathan (R4) Mr.S.R.A.Ramachandran (R5) Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents 1 and 4 to provisionally admit the petitioner to physical certificate verification and counselling scheduled to be held on 29.05.2025 and 2/6

30.05.2025, based on the results of the written examination conducted by the 1st respondent and marks and the rank position published by the 1st respondent on 20.02.2025 without reference to the maximum age of 32 years prescribed for BC(OBCM)s, BCMs, MBCs/DCs in Notification No.9D/2024 dated 13.02.2025 insofar as the 4th respondent Department is concerned, in the light of Rule 20(8)(ii) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, by considering the representation of the petitioner dated 22.05.2025 within the period that may be stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner is the bachelor and master degree graduate in Electrical Engineering and she belongs to BC Muslim category. The petitioner appeared for the examination under the notification inviting applications from the eligible candidates for various posts prescribing no age limit and she was awarded overall rank as well as the communal rank. While this being so, subsequent corrigendum was issued by the first respondent under the said recruitment process, for which, age limit was fixed. The petitioner is qualified for the posts calling under the notification prescribing 3/6

no age limit. However, the petitioner was not called for the certificate verification and counselling. In this regard, the petitioner made a representation dated 22.05.2025. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

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 him 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, nonconsideration 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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 22.05.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be necessary in the subject matter, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not 4/6

expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

02.06.2025 NCC : Yes/No Index : Yes / No sm 5/6

VIVEK KUMAR SINGH, J.

sm TO:-

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

2. The Under Secretary, Tamil Nadu Public Service Commission, V.O.C.Nagar, Park Town, Chennai 600 003.

3. The Controller of the Examination, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

4. The Chairman Cum Managing Director, Tamil Nadu Electricity Board Limited, No.144, Anna Salai, Chennai - 2.

5. The Principal Secretary to Government, Human Resources Department, Secretariat, St.George Fort, Chennai 600 009.

Order made in W.P.(MD)No.14740 of 2025 Dated:

02.06.2025 6/6