V.Kousalya v. The Tamil Nadu Public Service
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2016 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12394 of 2016 and W.M.P(MD)No.9405 of 2016 V.Kousalya ... Petitioner vs.
1)The Tamil Nadu Public Service Commission, Rep by its Secretary, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
2)The Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to conduct the counselling on 20.07.2016 and 21.07.2016 for the post steno-Typist GrIII included in Group-IV services for the years 2013-2014 and 2014-2015 in their notification No.18/2014/Advertisement No.401/2014 dated 14.10.2014. For Petitioner : M/S.V.Kousalya Party in person For Respondents : Mr.D.Sivaraman
ORDER
V.Kousalya/petitioner appearing in person has submitted that when the respondents issued a Notification for recruitment to the post of Steno-Typist Grade-III included in Group-IV services, for the years 2013-2014 and 2014-2015, she applied for the said post with the educational qualification of 12th Standard and Senior Grade in Tamil Typewriting, Senior Grade in English Typewriting, Senior Grade in Tamil Shorthand and Junior Grade English Shorthand. It is also her claim that she has completed certificate course in Computer on Office Automation, therefore, the 2nd respondent issued a Hall Ticket to the petitioner. On receipt of the same, she appeared for the examination on 21.12.2014 with the Registration No.100704220.
She secured 141 marks and she was given 320th ranking as she belongs to Backward Class community. She is coming under B.C category (OBCM). Thereafter, when she was called for the certificate verification, she appeared for the same on 30.07.2015 at 10.30 A.M and submitted all the documents. After verification of her certificates, no intimation till date has been sent to her informing the result of the certificate verification, therefore, she has come to this Court, seeking a Mandamus, directing the respondents to permit her to take part in the counselling scheduled to be held on 20.07.2016 and 21.07.2016 respectively, for the abovesaid post. 2.Opposing the above prayer, learned counsel for the respondents would submit that the petitioner while applying for the post of Steno-Typist Grade-III, pursuant to the Notification dated 14.10.
2014, calling for applications for 331 posts of Steno-Typist Grade-III, subsequently modified to 388, had wrongly mentioned in the online application that she has secured Senior Grade in Tamil Typewriting, Senior Grade in English Typewriting, Senior Grade in English Shorthand and Senior Grade in Tamil Shorthand. On the basis of the information furnished by the petitioner in the online application and finding that she has got four Senior Grades, the petitioner was placed at 320th rank under 1st category for the first phase of certificate verification held between 27.07.2015 and 03.08.2015. When she was summoned for the first phase of certificate verification, on 31.07.
2015, after verification, it was confirmed that she had passed out Typewriting Tamil and English Senior Grade, Shorthand Tamil Senior Grade, but in Shorthand English, she has passed out only Junior Grade, therefore, considering her technical qualification namely, 3 Senior Grades and one Junior Grade, her rank was changed from 320 to 1372-A. Moreover, she has scored 141.00 marks as she belongs to B.C (Women) category.
3.Adding further, he would submit that for the first phase of counselling to fill up 388 vacancies under 1st category, only four senior grades in technical qualification as per the Notification column 3(B)(ii(b) dated 14.10.2014 were considered. Out of 388 vacancies, only 133 vacancies were filled up in the first phase of counselling on 14.12.2015. In order to fill up the remaining 255 vacancies, again, 976 candidates were summoned for second phase of certificate verification held from 27.04.2016 to 05.05.2016, among them, 427 candidates were called for the second phase of counselling to be held between 20.07.2016 and 21.07.2016. Since the petitioner had possessed 3 senior grades and one junior grade in her technical qualification, she has been placed in the (ii) category as per the Notification column (B)(ii)(b) dated 14.10.2014. For the second phase of counselling BC(Women), the cut off mark is, 147 marks. Since the petitioner has secured 141 marks, she has not reached the zone of consideration, therefore, he pleaded, she is not entitled to get any relief from this Court.
4.I find full merit on the submissions made by the learned
counsel for the respondents. As a matter of fact, the information furnished by the petitioner in the online application shows that she has secured Senior Grade both in English and Tamil Typewriting and Senior Grade both in Shorthand Tamil and English Shorthand. Whereas, at paragraph 3 of the affidavit filed in support of this writ petition, she has fairly conceded that she has got only Junior Grade in English Shorthand, therefore, on the basis of the information furnished by her in the online application, when she was given 320th ranking, the same has been subsequently modified to 1372A, after the first phase of certificate verification held on 31.07.2015, hence, this petition fails and the same is dismissed. No costs. W.M.P(MD)No.9405 of 2016 is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1)The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
2)The Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
+ 1 CC TO M/S.D.SIVARAMAN, ADVOCATE IN SR No. 38257 + 1 CC TO M/S.V.KOUSALYA, PARTY IN PERSON, SR No. 37813 NBI TE/SKS-RR/ : 24/08/2016 : 3P/5C W.P(MD)No.12394 of 2016 and W.M.P(MD)No.9405 of 2016 19.07.2016