K.Gnanasekar v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16983 of 2025 K.Gnanasekar : Petitioner Vs.

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

2. The Under Secretary Tamil Nadu Public Service Commission VOC Nagar Park Town Chennai - 600 003.

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

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to open the web portal to apply through online mode for direct recruitment 1/6

to the posts in Combined Technical Services Examination (Non Interview Post) vide Advertisement No.7 and Notification No.09/2025 dated 21.05.2025 to apply for the post of Assistant Engineer (Subject Code. 3269) by relaxing the maximum age limit of 37 years to the Post Graduate degree of M.Tech., in Chemical Engineering from Indian Institute of Technology, Kharagpur by considering the petitioner's representation dated 11.06.2025 within the period that may be fixed by this Court.

For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.J.Anand Kumar

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the first respondent to reopen the web portal for submitting online applications for direct recruitment to the posts under the Combined Technical Services Examination (Non-Interview Posts), as per Advertisement No.7 and Notification No.09/2025 dated 21.05.2025. The petitioner seeks permission to apply for the post of Assistant Engineer (Subject Code: 3269) by requesting relaxation of the maximum age limit of 37 years, based on the possession of a Postgraduate Degree 2/6

(M.Tech.) in Chemical Engineering from the Indian Institute of Technology, Kharagpur. The petitioner also prays to direct the respondent to consider his representation dated 11.06.2025 within a time frame to be fixed by this Court.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Aggrieved by the fixation of the maximum age limit in Notification No.09/2025, bearing Advertisement No.711 dated 21.05.2025, the petitioner was unable to apply for the post of 'Assistant Engineer', despite being otherwise fully eligible. In this regard, the petitioner submitted a detailed representation dated 11.06.2025 to the respondents, seeking exemption from the prescribed age limit for the said post. As no action has been taken on the said representation, the petitioner has filed the present writ petition.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the first respondent to 3/6

consider the representation of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.

5. 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, non-consideration 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.

6. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 11.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits. 4/6

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.06.2025 Index : Yes / No Internet : Yes / No PKN 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 VOC Nagar Park Town Chennai - 600 003.

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

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16983 of 2025 24.06.2025 6/6