S.J.Berkclin Insha v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.13748 and 13749 of 2025 S.J.Berkclin Insha ... Petitioner -vsThe Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to call the petitioner for certificate verification in curator post with Code No.2129 in the Combined Technical Services Examination held on 17.10.2024 and 26.10.2024 by the respondent on the basis of petitioner's representation dated 16.06.2025 through mail.

For Petitioner : Mr.S.Titus For Respondent : Mr.V.Panneer Selvam Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to call the petitioner for certificate verification for the post of Curator (Post Code No.2129) in the Combined Technical Services Examination conducted on 17.10.2024 and 26.10.2024, based on the petitioner's representation dated 16.06.2025 submitted through email.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, she had applied for the post of Curator (Post Code No. 2129) pursuant to Notification No.9/2024 dated 26.07.2024, issued by the respondent for the Combined Technical Services Examination. The petitioner, who belongs to the BC community, participated in the examination conducted on 17.10.2024 and 26.10.2024 and her name was included in the provisional selection list published on 17.03.2025, where she was ranked 14th overall and 6th in the BC communal category.

4. Further, there are 14 vacancies for the said post. However, on perusing the list of candidates called for certificate verification, the petitioner found that at least 10 of the selected candidates had also been selected for other categories/posts, including higher-grade posts. As such, there is a strong likelihood that some of those candidates may opt for other posts, thereby, creating additional vacancies for the Curator post.

5. The petitioner further submits that the respondent has neither published the complete rank list nor disclosed the number of vacancies that arose after the certificate verification process. In the event that even one candidate from the General or BC category opts for another post, the petitioner would become eligible to be called for certificate verification. Accordingly, the petitioner submitted a representation dated 16.06.2025, requesting the respondent to publish the full rank list and to consider her for certificate verification for the post of Curator. However, no action has been taken till date. In these circumstances, the petitioner prays for a direction to the respondent to consider her for certificate verification for the post of Curator (Post Code No. 2129), based on her merit and representation.

6. Heard both sides.

7. 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.

8. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 16.06.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, 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 expressed any of its views with regard to the merits of the matter and that it is open to the respondent to consider the same on its own merits.

9. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes / No 02.07.2025 Index : Yes / No smn2 To:- The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.

VIVEK KUMAR SINGH , J.

smn2 02.07.2025