Arunesh .A v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) Nos.22372 & 22506 of 2021 A.Arunesh Petitioner in C.Lakshmi Narayana Priya Petitioner in WP(MD) No.22506 of 2021 Vs.
1.The Secretary, Tamil Nadu Public Service Commission, Esplanade, George Town, Chennai - 600 003.
2.The Controller of Examinations, Tamil Nadu Public Service Commission, Esplanade, George Town, Chennai - 600 003.
3.The Under Secretary, Tamil Nadu Public Service Commission, Esplanade, George Town, Chennai - 600 003.
Respondent in both WPs COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to reply whether the petitioners' paper -2 General Studies written on 18.04.2021 has been considered in ascertaining the total written marks for the post of Assistant Director of Horticulture Exam, whether the petitioners' challenge to the tentative answer key uploaded in the website as directed by the respondents office is considered or not in finalizing the selected list for the interview and at the same time, further directing the respondents to publish the result within the stipulated time, so that any further requirement can be attended on time to avoid delay and latches.
For Petitioner :Mr.C.Masilamani For Respondents :Mr.J.Anand Kumar Additional Government Pleader (in both WPs) 1/3
C O M M O N O R D E R These writ petitions have been filed for Mandamus, directing the respondents to reply whether the petitioners' paper -2 General Studies written on 18.04.2021 has been considered in ascertaining the total written marks for the post of Assistant Director of Horticulture Exam, whether the petitioners' challenge to the tentative answer key uploaded in the website as directed by the respondents office is considered or not in finalizing the selected list for the interview and to further direct the respondents to publish the results within the stipulated time. 2.Today (21.12.2021), when the matter is taken up for hearing, Mr.J.
Anandkumar, learned Standing Counsel appearing for Tamil Nadu Public Service Commission submits that the selection process is not yet completed and pending the selection process, the respondent/Tamil Nadu Public Service Commission is not in practice of furnishing the details, with regard to the individual marks taken by the candidates and these data would be available to the petitioners, after the selection process is over. The learned Standing Counsel has also relied on the Clause 13(e) of the Notification No.3/2021, vide advertisement No.578, which reads as follows:- 13(e) After notification, during the process of recruitment till publication of final results, no information under Right to Information Act would be furnished.
3.In view of the specific clause under the Notification No.3/2021, vide advertisement No.578 and the submissions made by the learned Standing Counsel appearing for the respondents that selection is not yet completed, these writ petitions are disposed of, by reserving the petitioner's right to renew these applications, after the selection process is over. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn 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, 2/3
ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Secretary, Tamil Nadu Public Service Commission, Esplanade, George Town, Chennai - 600 003.
2.The Controller of Examinations, Tamil Nadu Public Service Commission, Esplanade, George Town, Chennai - 600 003.
3.The Under Secretary, Tamil Nadu Public Service Commission, Esplanade, George Town, Chennai - 600 003.
W.P(MD) Nos.22372 & 22506 of 2021 21.12.2021 RK(04/02/2022) 3P 4C 3/3