R.Angamuthu v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.11410 of 2015 and M.P.(MD) No.1 of 2015 & W.M.P.(MD) No.21987 of 2018 R.Angamuthu ... Petitioner vs.

1.The Secretary Tamil Nadu Public Service Commission V.O.C.Nagar, Chennai-600 003 2.The Government of Tamil Nadu rep.by the Secretary Personal & Administrative Reforms (P) Department Omanthoorar Government Estate Chennai-600 002 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st respondent to release the petitioner's result of the recruitment for the post of Combined Subordinate Services examination 1,2008 of Tamil Nadu Public Service Commission in his registration No.50044021.

For Petitioner :

Mr.R.Venkatesan For Respondents :

Mr.K.K.Senthil for R1 Mr.S.Dhayalan Additional Government Pleader for R2

O R D E R

The relief sought for in the present writ petition is for a direction to the first respondent to release the writ petitioner's result of Combined Subordinate Services Examination-I for the year 2008.

2. The learned counsel appearing for the first respondent / Tamil Nadu Public Service Commission made a submission that the results were already published and the writ petitioner was not within the zone of consideration. In this regard, it is relevant to extract hereunder paragraph Nos.6, 7 and 8 of the counter affidavit filed by the first respondent:

"6. In this connection, it is submitted that the Commission had invited applications for appointment by direct recruitment to the posts included in CSSE-I 2008. The date of Notification was 10.11.2008 and supplemental notification was issued on 10.12.2008. 2171 vacancies in Oral Test posts and 398 vacancies in Non-Oral Test posts had been announced in the said notifications. In response to the said notification, the petitioner Thiru.R.Angamuthu belonging to MBC/DC category had applied for the recruitment.

The Written Examination was held on 22.03.2009. Based on the marks obtained by the candidates and number of vacancies, the candidates were summoned for the Oral Test which was held from 18.08.2009 to 15.10.2009. The petitioner Thiru.R.Angamuthu had also been summoned for the Oral Test and the marks obtained by him in the Written Examination and Oral Test were 247.50 and 30.00 respectively. The petitioner Thiru.R.Angamuthu had not reached the zone of selection to interview posts, but was placed in the Reserved List with the following note:-

(1) The candidates in the Reserve List will be considered for allotment from the respective categories against the vacancies caused due to any of the following reasons:

(i) Non-joining duty of selected candidates (ii) Selected candidates who joined duty but left thereafter.

(iii) Cancellation of Provisional selection of the selected candidates for any reason.

(2) The Reserve List is valid till the drawal of the next select list for this recruitment by the Commission.

7. In this regard it is submitted that the Reserve List was operated to the vacancies that were caused due to the reasons stated above. The reserve list for the said post under MBC/DC category was operated upto 27. As he had not reached his turn he was not selected from the Reserve List.

8. It is further submitted that regarding NonInterview posts, the marks obtained by the last candidate selected to various posts under GT(G) and MBC/DC(G) categories are given below:

Sl.

No.

Name of the Post GT(G) MBC/DC (G) Assistant in the O/o.

Commissioner of Revenue Administration 259.50 258.00 Assistant in the O/o Commissioner of Civil Supplies 258.00 256.50 Assistant in the O/o TNPSC 256.50 255.00 Assistant in Secretariat (Other than Law and Finance) 255.00 252.00 As the petitioner has scored 247.50 marks in the written examination, he had not reached zone of selection to Non-Interview post also."

3. In view of the fact that the writ petitioner was not within the zone of consideration and at this length of time, the relief as such sought for in the present writ petition deserves no merit consideration, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) krk To:

1.The Secretary, Tamil Nadu Public Service Commission V.O.C.Nagar, Chennai-600 003 2.The Secretary, the Government of Tamil Nadu Personal & Administrative Reforms (P) Department Omanthoorar Government Estate Chennai-600 002.

+1CC TO MR.R.VENKATESAN, Advocate Sr. No.78604 +1CC TO MR.K.K.SENTHIL, Advocate Sr. No.78292 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.78203 W.P.(MD) No.11410 of 2015 and M.P.(MD) No.1 of 2015 & W.M.P.(MD) No.21987 of 2018 26.07.2019 SE(CO) TR (05.08.2019) 3P 6C