S.Winston Churchill v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21429 of 2024 and W.M.P.(MD) Nos.18128 to 18130 of 2024
1. S.Winston Churchill
2. N.Vignesh Kumar ... Petitioners Vs.
1. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.
2. The Principal Secretary to Government, Higher Education Department, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records of the first respondent pertaining to the mains exam candidates details published on 02.09.2024 by the first respondent for the posts included in combined Civil Services Examination-I (Group-1 Services) 2024 for 1/6
Notification No.04/2024, dated 28.03.2024 and the clause 4.6 to 4.10 of the Annexure IV in Notification No.04/2024, dated 28.03.2024 quash the same as illegal, and direct the first respondent allow petitioners to participate the mains written examination will be held from 10.12.2024 to 13.12.2024 and also directing the first respondent to provide the full grace marks for the Tentative question Nos.2, 5, 11, 31, 32, 59, 60, 66, 67, 68, 89, 90, 177, 178, 181 and publish the final answer key within the stipulated time period. For Petitioner : Mr.G.Sakthi Rao For R1 : Mr.J.Anand Kumar Standing Counsel For R2 : Mr. J.Ashok Additional Government Pleader
O R D E R
The instant writ petition has been filed by an aspirant to the post of Combined Civil Services Examination -I (Group-I Services), seeking the following prayers:
(a) Challenging the clauses 4.6 to 4.10 of the Notification No.04/2024, dated 28.03.2024, wherein the Tamil Nadu Public Service Commission has declared that they will not publish the final answer key until the completion of the entire selection process.
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(b) Challenging the provisional Notification issued by the Tamil Nadu Public Service Commission, wherein the list of eligible candidates have been published to appear for the main examination. (c) To award grace marks to the writ petitioners for certain questions. (d) To publish the answer key for the preliminary examination.
2. As far as the first prayer relating to challenging certain clauses of the Notification are concerned, it could be seen from the Notification that as per clause 4.7, the Commission has declared that they will not publish the final answer key until the completion of the entire selection process. The petitioners having accepted the said Clause, participated in the preliminary examination and after not having been selected for the main examination, they cannot now turn around and contend that the said clause in the Notification is invalid.
3. The Selection of the candidates to the main examination are based upon the above said Notification and therefore, the second a prayer is also not 3/6
maintainable. Since the Commission has reserved their rights to publish the final answer key only after the entire selection process is over, the question of awarding grace marks or publishing the final answer keys at this point of time does not arise.
4. In view of the above said facts, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed.
09.09.2024 NCC : Yes/No 2/2 Index : Yes / No Internet : Yes / No ebsi 4/6
To
1. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600 003.
2. The Principal Secretary to Government, Higher Education Department, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.21429 of 2024 09.09.2024 2/2 6/6