Madras High CourtWA(MD)/583/2018closed

P.Balasundari v. The Chairman

2021-03-03Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.A.(MD)No.583 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD)No.583 of 2018 and C.M.P.(MD)No.3283 of 2018 P.Balasundari ... Appellant/Petitioner Vs.

1.The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai - 600 003.

2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai - 600 003.

3.The Controller of Examinations, Tamil Nadu Public Service Commisison, Frazer Bridge Road, Chennai - 600 003. ... Respondents/Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent against the order passed by this Court in W.P.(MD)No.18907 of 2015, dated 19.01.2018.

Prayer in WP(MD). 18907/ 2015 : Writ Petition is filed under Article 226 of the Constitution of India, issue a Writ of Mandamus directing the respondents to conduct the oral test for the petitioner and give suitable appointment upon considering the marks obtained in the written test and marks to be obtained in the oral test for the Assistant Director Statistics in the Tamil Nadu Statistics Service, calling for the recruitment in pursuance of the respondent notification dated 10.01.2013.

For Appellant : Mr.G.Thalaimutharasu for Mr.S.T.Sasidharan Tamilkani For Respondents : Mr.K.K.Senthil * * * * *

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal has been preferred by the appellant challenging https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.583 of 2018 the order of the learned Single Judge, who dismissed the Writ Petition, inter alia holding that the appellant did not have the qualification of Statistics as allied subject. 2.The learned counsel appearing for the appellant submitted that as per the letter issued by the Director of Madurai Kamaraj University, dated 09.03.2017, the subject codes namely, S23, S2B - Relational Database Management System [RDBMS] Lab contain the statistics concepts and Statistical Analysis System [SAS], for statistical data analysis, the allied subject of Statistics. 3.We cannot accept the said contention, as the qualification is very clear. Apart from completion of M.C.A. Course, a candidate should have an additional qualification of Statistics as allied subject. Unfortunately, what the appellant did is to study a subject, which is in fact allied to the subject of Statistics and therefore, the subject of Statistics, she has not studied. 4.In a matter like this, we cannot substitute ourselves and go to the level of the recruiting agency.

5.In such view of the matter, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to Mr.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-8968[F] dated 05/03/2021 ) Order made in W.A.(MD)No.583 of 2018 and C.M.P.(MD)No.3283 of 2018 03.03.2021 DKS(CO) SRS (15/03/2021) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2