V.Prabaharan, v. The Tamil Nadu Public Service

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.7622 of 2016 V.Prabaharan ... Petitioner Vs.

The Tamil Nadu Public Service Commission, Represented by its Secretary, No.3, Frazer Bridge Road, V.O.C.Nagar, Chennai - 600 003.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner as a eligible candidate with regard to the date of passing the examination as specified by the respondent in his proceedings dated 07.04.2016 for the post of Steno-Typist Grade III and to call the petitioner for the interview to be conducted by the respondent. For Petitioner : No Appearance For Respondent : Mr.V.Panneerselvam, Standing Counsel.

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ORDER

This Writ Petition is filed for Mandamus, directing the respondent to consider the petitioner as a eligible candidate with regard to the date of passing the examination to the post of Steno-Typist Grade III and to call the petitioner for the interview to be conducted by the respondent.

2. The respondents have initiated the recruitment process for the Steno Typist Grade-III in Group-IV examination by conducting an examination on 21.12.2014 and the petitioner has also participated in the examination and had passed the examination. The contention of the petitioner is that on the event of passing the said examination, the respondent called for the certificate verification on 28.04.2016 vide proceedings dated 07.04.2016 and the petitioner appeared for the certificate verification with all necessary certificates prescribed by the respondent. But the respondents have rejected the same, since the petitioner had not passed the Tamil Typewriting examination before 14.10.2014 which is the cut-off date prescribed in the said notification. The notification states the candidates who are having required qualification prior to 14.10.2014 are eligible to be considered for the Steno Typist Grade-III post. 2/5

Further contention of the petitioner is that he had appeared for the Tamil Typewriting examination on 30.08.2014 itself and passed in the second class, but the certificate of the same was issued by the Department of Technical Education only on 24.10.2014. Since it is a belated certificate, the respondent declined to consider the petitioner's candidature. Since the petitioner has attended for certificate verification on 28.04.2016, as on date of 28.04.2016, the petitioner is possessing all necessary qualifications for the said post and he should be considered for the said post.

3. But the contention of the respondent is that the cutoff date prescribed for consideration is 14.10.2014. As on the date of 14.10.2014, the petitioner is not having required qualification. More so, at that time, the petitioner is not having the pass in the Tamil Typewriting examination. He was issued with the certificate of pass in the Tamil Typewriting examination only on 24.10.2014. Therefore, the petitioner is not entitled to. Moreover, due to efflux of time, the respondents have completed the recruitment process and filled the said vacancies notified in the said post. Therefore, this Court is not inclined to entertain this Writ Petition.

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4. Hence, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 24.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To The Secretary, The Tamil Nadu Public Service Commission, No.3, Frazer Bridge Road, V.O.C.Nagar, Chennai - 600 003.

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S.SRIMATHY, J.

Nsr 24.04.2023 5/5