M.Sankaragomathi v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.13253 of 2020 M.Sankaragomathi ... Petitioner Vs.

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

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to select and appoint the petitioner (Register Number 2607019168) to the post of Steno Typist(Grade-III) based on the qualification acquired by the petitioner in Typewriting Higher Grade both in English and Tamil and Computer on Office Automation and consequently to direct the respondent to revise the ranking of the petitioner based on marks secured in the written examination in BC category under persons studied in Tamil Medium category, based on the selection conducted as per Notification No.19/2019, dated 14.06.2019 issued by the respondent with all consequential and other attendant benefits within a time frame to be fixed by this Court.

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For Petitioner : Mr.G.Sankaran For Respondents : Mr.V.Panneer Selvam

ORDER

Heard the learned counsel on either side.

2. It is obvious that issue raised in the present writ petition was the subject matter of SLP (C) No.4357 of 2020 (The Secretary Tamil Nadu Public Service Commission Vs. A.Suthanthiramoorthy). The Hon'ble Apex Court disposed of SLP in the following terms:- "3. Pursuant thereto, the petitioner-Tamil Nadu Public Service Commission, has taken a decision resolving to select and recommend the names of 62 candidates mentioned in Table I of the additional affidavit dated 28.04.2023 appended with Interlocutory Application No. 89727/2023, for appointment to the posts mentioned in the Table itself. As regard to 10 candidates in the Table II, it is stated that even after treating them eligible, they do not come into the zone of consideration. As regard to 6 candidates mentioned in Table III, it is stated that they will be adjusted against future vacancies as no posts were reserved for them during the pendency of the case(s). The appointment of these 6 candidates will be subject to other eligibility conditions.

4. The Special Leave Petitions are, accordingly, disposed of in terms of the additional affidavit dated 29.04.2023 filed by the petitioner - Tamil Nadu Public Service Commission, along with Tables I, II and 2/4

III. The Public Service Commission shall be at liberty to act upon as per its decision referred to above, as early as possible and preferably within two months from the date of receipt of a copy of this order.

5. It is made clear that this order shall not give rise to any cause of action in favour of such candidates who have not approached the Courts so far."

3. The very same exercise shall be undertaken in the case of the petitioner also. His right will be determined in terms of the order of the Hon'ble Apex Court.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 06.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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