Somasundaram v. The Chairman Man

W.P.(MD) No.922 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH W.P.(MD) No.922 of 2018 and W.M.P(MD)No.972 of 2018 Somasundaram ... Petitioner Vs.

1.The Chairman Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai -2.

2.The Secretary of the Government, Hindu Religious and Charitable Endowment Department, Fort. St. George, Chennai - 6.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first respondent to conduct oral test to the petitioner(Registration Number 100019079) for the post of Executive Officer Grade IV in Hindu Religious and Charitable Endowment.

For Petitioner : Mr.R.Venkatesan For R1 : Mr.V.Panneerselvam Standing counsel for State For R2 : Mr.K.S.Selvaganesan Standing Counsel for State

O R D E R

Heard, Mr.R.Venkatesan, learned counsel for the petitioner, Mr.V.Panneerselvam, learned counsel for the first respondent and Mr.K.S.Selvaganesan, learned Government Pleader appearing for the second respondent

2. The petitioner seeks a mandamus directing the first respondent to conduct an oral test for the post of Executive Officer Grade-IV in the Hindu Religious Charitable Endowment Department (HRCE). The prayer is not liable to be granted for the simple reason that the petitioner has not secured the cut off mark as required for such recruitment.

3.In the counter affidavit filed on behalf of the first respondent the TamilNadu Public Service Commissioner (TNPSC) it has https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.922 of 2018 been categorically averred that the petitioner has obtained 403 marks in the written examination which falls below the cut off mark of 487.50 for BC(G) PSTM category.

4. In the affidavit filed in support of this writ petition, the petitioner would aver that he has secured 520 marks in the written examination and answered 347 questions out of 400 questions set out in the question paper. There is nothing available to support that submission which appears to be factually incorrect and a figment of his own imagination. The marking of the petitioner's answer sheet by TNPSC is not shown to be incorrect in any way. In fact this is not even the case of the petitioner.

5. The mandamus as sought for by the petitioner is thus liable to be rejected and I do so. This writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To 1.The Chairman Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai -2.

2.The Secretary of the Government, Hindu Religious and Charitable Endowment Department, Fort. St. George, Chennai - 6.

+1 CC to M/s.SPL.GP ( SR-34290[F] dated 12/11/2021 ) W.P.(MD) No.922 of 2018 and W.M.P(MD)No.972 of 2018 11.11.2021 SVN(CO) RS/SKN (23.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2