Hoxin.H v. Tamilnadu Public Service Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.21332 of 2023 Hoxin H.

... Petitioner Vs.

1.Tamilnadu Public Service Commission, Rep. by its Chairman, TNPSC Road, Park Town, Chennai-600 003.

2.The Controller of Examination, Tamilnadu Public Service Commission, TNPSC Road, Park Town, Chennai-600 003.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's candidature for the post of Civil Judge-2023 under BC category instead of "Other" communal category which was wrongly entered by the agents and allow the petitioner to participate in the mains examination which is scheduled to be held on 1/4

04.11.2023 & 05.11.2023 by considering the petitioner's community certificate uploaded along with the application, based on the petitioner's e-mail dated 11.10.2023 within the period stipulated by this Court. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.V.Panneer Selvam

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the respondents to consider the petitioner's candidature for the post of Civil Judge-2023 under BC category instead of "Other" communal category, which was wrongly entered by the agents and allow the petitioner to participate in the mains examination, which is scheduled to be held on 04.11.2023 & 05.11.2023 by considering the petitioner's Community Certificate uploaded along with the application, based on the petitioner's e-mail dated 11.10.2023 within the period stipulated by this Court.

2.The learned counsel appearing for the petitioner mainly contended that though the petitioner belongs to Backward Class Community, he has erroneously 2/4

filled the column for communal category as 'Others'. However, he has enclosed all relevant certificates to establish that he belongs to Backward Class Community. 3.Any error, suppression of material facts or information in application would disentitle the candidate from participating in the process of competitive examination. In the present case, the petitioner participated and was not successful.

4.That being the factum, the relief sought for in the present Writ Petition is not entertainable and accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (V.L.N., J.) 16.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

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